Legal Question in Landlord & Tenant Law in New York

Landlord/Tenant Suit

Question: I have filed suit against my apartment's managing agent in NY Civil Court. Can I amend the figure I asked for? Can I recoup the monies I paid for experts/consulants/witnesses and possible attorney fees which weren't part of my original amount?

Thanks.


Asked on 1/28/08, 4:48 pm

2 Answers from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Landlord/Tenant Suit

You cannot amend for that purpose without the consent of the court or other party unless it is still within the time to amend as a matter of right. However, does the "boiler-plate" wording of your damage's clause include costs and expenses? Are those the type you meant? Also, your bill of costs will allow certain expenses by statute if you prevail.

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Answered on 1/28/08, 4:59 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Landlord/Tenant Suit

1. You may petition to amend your request for relief (what you want the court to give you) at any time.

2. If the petition is after a particular date (30 days after filing) then you need the permission of the court.

3. If the court responds that the time to amend has passed (if the court confuses a petition to amend with a demand to amend as of right), then you can petition to extend the time to amend as of right.

You always have a right to ask the court for permission to amend and to make changes.

Good luck.

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Answered on 1/28/08, 5:06 pm


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