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PORT CHESTER HOUS. v. TURNER

189 Misc.2d 603 (2001)

734 N.Y.S.2d 805

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

Supreme Court, Appellate Term, Second Department.

October 9, 2001.

Attorney(s) appearing for the Case

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.

FLOYD, P. J., COLABELLA and COPPOLA, JJ., concur.

OPINION OF THE COURT

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...

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