PORT CHESTER HOUSING AUTHORITY v. TURNER (2001)

Supreme Court, Appellate Term, New York.

PORT CHESTER HOUSING AUTHORITY, Respondent, v. Carolyn TURNER, Appellant.

Decided: October 09, 2001

Present: FLOYD, P.J., COLABELLA and COPPOLA, JJ.

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.

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, 630 N.Y.S.2d 144).

MEMORANDUM.

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