LAW.coLAW.co

Port Chester Housing Authority, Respondent, v. Carolyn Turner, Appellant

New York Supreme Court, Appellate Term2001-10-09
189 Misc. 2d 603734 N.Y.S.2d 805

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

OPINION OF THE COURT

Memorandum.

Order unanimously reversed with $10 costs, tenant’s motion to 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.