Tenant Claims Petition Didn't State MDR Number

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant didn't comply with the settlement agreement. The agreement gave landlord a final judgment of possession and a money award for unpaid rent. Tenant asked the court to vacate the judgment and money award. He claimed that landlord's petition was invalid because it didn't state the building's multiple dwelling registration (MDR) number. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant in part. Landlord's failure to state the MDR number didn't bar the court from awarding a judgment of possession to landlord. But it was a defense to nonpayment of rent that tenant can't waive in a settlement agreement. So the money judgment was vacated.

Willoughby Assocs. v. Dance-Lonesome: NYLJ, 6/6/03, p. 22, col. 2 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)