Vinci v. County of Oneida

Appellate Division of the Supreme Court of New York

Vinci v. County of Oneida

152 A.D.2d 1013, 544 N.Y.S.2d 735, 1989 N.Y. App. Div. LEXIS 10006

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 1989

StatusPublished

This text of 152 A.D.2d 1013 (Vinci v. County of Oneida) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vinci v. County of Oneida, 152 A.D.2d 1013, 544 N.Y.S.2d 735, 1989 N.Y. App. Div. LEXIS 10006 (N.Y. Ct. App. 1989).

Pincite

Opinion

Order unanimously reversed on the law without costs, judgment vacated and complaint dismissed. Memorandum: The judgment against the county must be vacated. The plaintiff offered no proof of a contract or written agreement between him and the Department of Social Services obligating the county for the payment of rent. Absent such an agreement, the county cannot be held liable for payment of rent on behalf of plaintiff’s tenant (Marks v City of New York, 121 Mise 2d 303, 305; see also, Jackson v County of Monroe Dept. [1014]*1014of Social Servs., 138 Misc 2d 950). (Appeal from order of Oneida County Court, Murad, J. — breach of lease agreement.) Present — Doerr, J. P., Denman, Boomer, Pine and Davis, JJ.

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Order unanimously reversed on the law without costs, judgment vacated and complaint dismissed. Memorandum: The judgment against the county must be vacated. The plaintiff offered no proof of a contract or written agreement between him and the Department of Social Services obligating the county for the payment of rent. Absent such an agreement, the county cannot be held liable for payment of rent on behalf of plaintiff’s tenant (Marks v City of New York, 121 Mise 2d 303, 305; see also, Jackson v County of Monroe Dept. [1014]*1014of Social Servs., 138 Misc 2d 950). (Appeal from order of Oneida County Court, Murad, J. — breach of lease agreement.) Present — Doerr, J. P., Denman, Boomer, Pine and Davis, JJ.

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Bluebook (online)

152 A.D.2d 1013, 544 N.Y.S.2d 735, 1989 N.Y. App. Div. LEXIS 10006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vinci-v-county-of-oneida-nyappdiv-1989.

Opinion

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