Newhouse Properties, Inc. v. McGee

Appellate Division of the Supreme Court of New York

Newhouse Properties, Inc. v. McGee

139 A.D.2d 923, 528 N.Y.S.2d 240, 1988 N.Y. App. Div. LEXIS 4269

Appellate Division of the Supreme Court of the State of New York·Decided April 8, 1988·Published·Cited by 1 cases

Opinion

— Judgment insofar as appealed from unanimously reversed on the law without costs, in accordance with the following memorandum: The County Court lacked jurisdiction to grant the equitable relief awarded respondent in this RPAPL article 7 summary proceeding. County Court possesses limited jurisdiction and may exercise equity power only to the extent specifically provided by law (NY Const, art VI, § 11 [b]; Judiciary Law §§ 190, 190-b; see, Matter of Hill v Marks, 124 AD2d 445). Moreover, respondent did not request such equitable relief in his answer. Additionally, the object of an RPAPL article 7 summary proceeding is to resolve questions affecting possession of real property promptly, not to determine equitable questions of title (see, Tivoli Assocs. v Wing, 122 Mise 2d 901, 902-903). In view of our holding, we do not reach the remaining issues raised by respondent. (Appeal [924] from judgment of Erie County Court, La Mendola, J. — eviction.) Present — Doerr, J. P., Boomer, Green, Lawton and Davis, JJ.

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— Judgment insofar as appealed from unanimously reversed on the law without costs, in accordance with the following memorandum: The County Court lacked jurisdiction to grant the equitable relief awarded respondent in this RPAPL article 7 summary proceeding. County Court possesses limited jurisdiction and may exercise equity power only to the extent specifically provided by law (NY Const, art VI, § 11 [b]; Judiciary Law §§ 190, 190-b; see, Matter of Hill v Marks, 124 AD2d 445). Moreover, respondent did not request such equitable relief in his answer. Additionally, the object of an RPAPL article 7 summary proceeding is to resolve questions affecting possession of real property promptly, not to determine equitable questions of title (see, Tivoli Assocs. v Wing, 122 Mise 2d 901, 902-903). In view of our holding, we do not reach the remaining issues raised by respondent. (Appeal [924] from judgment of Erie County Court, La Mendola, J. — eviction.) Present — Doerr, J. P., Boomer, Green, Lawton and Davis, JJ.

Newhouse Properties, Inc. v. McGee, 139 A.D.2d 923, 528 N.Y.S.2d 240, 1988 N.Y. App. Div. LEXIS 4269 (N.Y. Ct. App. 1988).

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Opinion

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