Port Chester Housing Authority v. Turner

Appellate Terms of the Supreme Court of New York

Port Chester Housing Authority v. Turner

189 Misc. 2d 603, 734 N.Y.S.2d 805, 2001 N.Y. Misc. LEXIS 589

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 9, 2001

StatusPublished

Cited by6 cases

This text of 189 Misc. 2d 603 (Port Chester Housing Authority v. Turner) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Port Chester Housing Authority v. Turner, 189 Misc. 2d 603, 734 N.Y.S.2d 805, 2001 N.Y. Misc. LEXIS 589 (N.Y. Ct. App. 2001).

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Opinion

OPINION OF THE COURT

Memorandum.

Order unanimously reversed with $10 costs, tenant’s motion [604]*604to vacate the final judgment and warrant granted, and matter remanded to the court below for all further proceedings.

In this nonpayment proceeding, the court below erred in entering a default final judgment awarding landlord an amount greater than asked for in the notice of petition and petition (see, Port Chester Hous. Auth. v Faison, NYLJ, Oct. 10, 1997, at 28, col 4 [App Term, 9th & 10th Jud Dists]). We also conclude that under the Federal public housing program involved herein, it was error to include in the final judgment nonrent items, even though characterized as “additional rent” in the agreement between the parties (see, Matter of Binghamton Hous. Auth. v Douglas, 217 AD2d 897, 898).

Floyd, P. J., Colabella and Coppola, JJ., concur.

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OPINION OF THE COURT

Memorandum.

Order unanimously reversed with $10 costs, tenant’s motion [604]*604to vacate the final judgment and warrant granted, and matter remanded to the court below for all further proceedings.

In this nonpayment proceeding, the court below erred in entering a default final judgment awarding landlord an amount greater than asked for in the notice of petition and petition (see, Port Chester Hous. Auth. v Faison, NYLJ, Oct. 10, 1997, at 28, col 4 [App Term, 9th & 10th Jud Dists]). We also conclude that under the Federal public housing program involved herein, it was error to include in the final judgment nonrent items, even though characterized as “additional rent” in the agreement between the parties (see, Matter of Binghamton Hous. Auth. v Douglas, 217 AD2d 897, 898).

Floyd, P. J., Colabella and Coppola, JJ., concur.

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Bluebook (online)

189 Misc. 2d 603, 734 N.Y.S.2d 805, 2001 N.Y. Misc. LEXIS 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/port-chester-housing-authority-v-turner-nyappterm-2001.

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