Maldon Buildings, Inc. v. Allied Health Careers Jamaica Inc.

In this summary proceeding for nonpayment of business rent, petitioner claims tenant has not paid for the months of ¡March and April, 1974, at the rate of $530 per month, or a total of $1,060. Petitioner’s motion to amend petition to include May, 1974 rent of $530 is granted. Total arrearage of rent as of May 31,1974, is therefore $1,590.

Tenant’s first affirmative defense is that petition is “ jurisdictionally defective” without spelling out how it is defective. Orally argued, tenant’s claim is that petition is a nullity because it fails to comply with CPLR 3022, in that the caption of the…