[*1]
Halle v AbdulJaami
2008 NY Slip Op 51579(U) [20 Misc 3d 140(A)]
Decided on July 22, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 22, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570442/07.

Harold Halle d/b/a Halle Realty Co., Petitioner-Landlord-Respondent,

against

Saboor H. AbdulJaami, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), dated March 9, 2007, which denied his motion to dismiss the petition and granted landlord's cross motion to amend the petition in a nonpayment summary proceeding.


PER CURIAM.
Order (Jean T. Schneider, J.), dated March 9,
2007, affirmed, with $10 costs.

Leave to amend the nonpayment petition to reflect
the true capacity in which the landlord sued was properly granted. Mistakes relating to the misdescription of a party are readily subject to correction by amendment in the absence of demonstrated prejudice, and such irregularities do not render a summary proceeding jurisdictionally defective (see Jackson v New York City Hous. Auth., 88 Misc 2d 121 [1976]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 22, 2008