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Oakwood Terrace Housing Corp v. Yvonne Monk and Theolonius Monk

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


June 12, 2012

OAKWOOD TERRACE HOUSING CORP.,
RESPONDENT,
v.
YVONNE MONK AND THEOLONIUS MONK,
APPELLANTS.

Appeal from a final judgment of the Justice Court of the Town of New Windsor, Orange County (Richard W. Thorpe, J.), entered November 2, 2010.

Oakwood Terrace Hous. Corp. v Monk

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 12, 2012

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ

The final judgment awarded landlord the principal sum of $4,132.15 in a nonpayment summary proceeding.

ORDERED that the final judgment is reversed, without costs, and the matter is remitted to the Justice Court for a trial before a different judge.

In this nonpayment summary proceeding, upon a representation by Yvonne Monk (tenant) that she was unprepared for trial, the Justice Court denied tenant's request for an adjournment and, without conducting a trial, awarded landlord the principal sum sought, $4,132.15, notwithstanding tenant's denial that that amount was owed. We need not reach the issue of whether the denial of an adjournment was appropriate since, in any event, it was error for the court to award landlord a final judgment without taking sworn testimony at a trial (see RPAPL 745 [1]).

Accordingly, the final judgment is reversed and the matter is remitted to the Justice Court for a trial before a different judge.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.

Decision Date: June 12, 2012

20120612

© 1992-2012 VersusLaw Inc.



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