Summary
In Port Chester Housing Authority v. Turner, 189 Misc 2d 603, 734, NYS2d 805, 2001 NY Slip Op 21481 (App Term, 2nd Dept 2001), the Court held that it was error to include in the default judgment involving the Federal public housing program, non-rent 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, 630 N.Y.S.2d 144)."
Summary of this case from 102 W. Hudson, LLC v. CorderoOpinion
21481
October 9, 2001.
Westchester/Putnam Legal Services, White Plains (Barbara Finkelstein, Judith B. Studebaker and Ellen Stern of counsel), for appellant.
Mark J. Kamensky, Port Chester, for respondent.
Before: FLOYD, P. J., COLABELLA and COPPOLA, JJ.
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 [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 non-rent items, even though characterized as "additional rent" in the agreement between the parties (see, Matter of Binghamton Hous. Auth. v. Douglas, 217 A.D.2d 897, 898)