Lefkowitz v. Resnick

In this summary proceeding the petition lacked a complete verification in that the signature of the notary public was missing. A new trial was directed as a result of a reversal on appeal from the final order. On the first trial, no objection was raised to this defect.

*662For the first time, at the opening of the. second trial the tenant pointed to the omission and moved for a dismissal of the petition, urging that the defect was jurisdictional and fatal to the proceeding. The landlord thereupon asked leave to amend the petition to add the verification. The tenant objected to the granting of such…