MATTER OF PORTSIDE LEASING AND MANAGEMENT, INC. v. McFARLAND


273 A.D.2d 843 (2000)

710 N.Y.S.2d 260

In the Matter of PORTSIDE LEASING AND MANAGEMENT, INC., Respondent, v. LORETTA McFARLAND, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided June 16, 2000.


Order and Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In this summary proceeding to recover possession of real property for non-payment of rent (see, RPAPL art 7), County Court erred in failing to reduce the damages awarded to petitioner by Town Court in the amount of $284, representing unpaid rent for the month of July 1998. That relief was not requested in the petition. County Court...

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