Gerwitz v. Brogan

219 A.D.2d 863, 632 N.Y.S.2d 1005, 1995 N.Y. App. Div. LEXIS 10999

Opinion

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in ordering plaintiff to reimburse defendant for improvements made by defendant to plaintiff’s property, in the absence of a request by defendant for such reimbursement or any other equitable relief (cf., Kraker v Roll, 100 AD2d 424, 433; Roller v Frankel, 9 AD2d 24, appeal dismissed 9 NY2d 649). We, therefore, modify the judgment on appeal by vacating that portion awarding defendant $49,600 for the improvements. (Appeal from Judgment of Supreme Court, Allegany County, Kelly, J.H.O. — Ejectment.) Present — Green, J. P., Pine, Wesley, Callahan and Davis, JJ.