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Newhouse Properties, Inc. v. McGee

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 923 (N.Y. App. Div. 1988)

Opinion

April 8, 1988

Appeal from the Erie County Court, La Mendola, J.

Present — Doerr, J.P., Boomer, Green, Lawton and Davis, JJ.


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 A.D.2d 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 Misc.2d 901, 902-903). In view of our holding, we do not reach the remaining issues raised by respondent.


Summaries of

Newhouse Properties, Inc. v. McGee

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 8, 1988
139 A.D.2d 923 (N.Y. App. Div. 1988)
Case details for

Newhouse Properties, Inc. v. McGee

Case Details

Full title:NEWHOUSE PROPERTIES, INC., Appellant, v. ROBERT J. McGEE, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 8, 1988

Citations

139 A.D.2d 923 (N.Y. App. Div. 1988)

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