MSG Pomp Corporation, Respondent, v. Jane Doe, Respondent, and Maria Baez, Appellant., 185 A.D.2d 798

Summary

Appellee landlord commenced summary proceeding to evict appellant tenant from an apartment. In its verified petition, appellee stated the premises were not subject to the rent regulations of the New York State Department of Housing and Community Renewal (DHCR) by reason of being owned by New York City. Unknown to appellant, the premises were in fact not owned by the city, but had been purchased from the city. Upon discovering this fact, appellant moved to vacate the judgment of possession and dismiss the petition as jurisdictionally defective because of its mischaracterizations. Appellee cross-moved to amend the petition to delete the false statements and add the allegation that the premises were subject to the rent regulations of the DHCR. The lower court, without addressing the lack of jurisdiction argument, denied the motion to vacate and dismiss and permitted the amendment sought by the cross motion. The court reversed and dismissed the petition because appellee's ...