| SR Realty Group, Inc. v Mamadou |
| 2009 NY Slip Op 50288(U) [22 Misc 3d 136(A)] |
| Decided on February 20, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from a final judgment of the Civil Court of the City of New York, New York
County (Matthew F. Cooper, J.), entered December 12, 2007, after a nonjury trial, awarding
possession to petitioner-landlord in a holdover summary proceeding.
Per Curiam.
Final judgment (Matthew F. Cooper, J.), entered December 12, 2007, affirmed, without costs.
The isolated misstatement in the underlying holdover petition concerning petitioner's interest in the cooperative apartment premises was properly corrected by amendment at trial, and was not, as tenant urges, a "fatal defect" (see American Villa Assocs. II v Kyokushin, NYLJ, Jan. 4, 2000, at 22, col 1 [App Term, lst Dept]). While petitions in summary proceedings must set forth sufficient facts so that the respondent may adequately frame a defense, judicial engraftment of "hypertechnical restrictions" is disapproved (Reich v Cochran, 201 NY 450, 455 [1911]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 20, 2009