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North Clinton Associates v. Brown

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51344 (N.Y. App. Term 2009)

Opinion

2008-210 S C.

Decided June 29, 2009.

Appeal from a final judgment of the District Court of Suffolk County, Fifth District (James P. Flanagan, J.), entered December 27, 2007. The final judgment awarded landlord possession and the principal sum of $5,482.50 in a nonpayment summary proceeding.

Final judgment reversed without costs and matter remitted to the District Court for all further proceedings.

PRESENT: RUDOLPH, P.J., MOLIA and NICOLAI, JJ.


In this residential nonpayment summary proceeding, the District Court awarded landlord a final judgment after a court appearance during which there was no sworn testimony. Moreover, the parties did not enter any documents, including the lease, into evidence. As no sufficient record exists for this court to review, the final judgment is reversed and the matter is remitted to the District Court for all further proceedings.

Rudolph, P.J., Molia and Nicolai, JJ., concur.


Summaries of

North Clinton Associates v. Brown

Appellate Term of the Supreme Court of New York, Second Department
Jun 29, 2009
2009 N.Y. Slip Op. 51344 (N.Y. App. Term 2009)
Case details for

North Clinton Associates v. Brown

Case Details

Full title:NORTH CLINTON ASSOCIATES, Respondent, v. COLLIN BROWN, Appellant

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jun 29, 2009

Citations

2009 N.Y. Slip Op. 51344 (N.Y. App. Term 2009)