975 Wash. Prop., LLC v Sanchez

Holding The court affirmed the judgment in favor of the landlord, holding that the tenant was not prejudiced by missing pages in the served notice of petition and that the trial court properly permitted an oral motion to conform pleadings to the proof. Additionally, the tenant’s rent overcharge claim was deemed untimely because the alleged increase occurred before the statute of limitations was extended and lacked sufficient indicia of fraud to trigger the lookback exception.

The court’s words

Tenant has not demonstrated that she was prejudiced by the missing information from the copy of the notice of petition and petition served on her.

2026 NY Slip Op 51312[U], at the official text

CPLR 3025 (c), contrary to tenant's contention, does not include any such requirement.

2026 NY Slip Op 51312[U], at the official text

tenant's speculation that a 2018 increase was fraudulent because it was substantial and resulted in a round number does not trigger the exception.

2026 NY Slip Op 51312[U], at the official text