Saxon Assoc. v Salazar

[*1] Saxon Assoc. v Salazar 2009 NY Slip Op 51364(U) [24 Misc 3d 131(A)] Decided on June 29, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., MOLIA, J. and NICOLAI, JJ
2008-289 S C.

Saxon Associates, Respondent,

against

Yolanda Salazar, Appellant.

Appeal from a final judgment of the District Court of Suffolk County, Fifth District (James P. Flanagan, J.), entered December 27, 2007. The final judgment awarded landlord possession and the principal sum of $1,847.50 in a nonpayment summary proceeding.

Final judgment reversed without costs and matter remitted to the District Court for all further proceedings.

In this residential nonpayment summary proceeding, the District Court awarded landlord a final judgment after a court appearance during which there was no sworn testimony. Moreover, the parties did not offer the lease into evidence. As no sufficient record exists for this court to review, the final judgment is reversed and the matter is remitted to the District Court for all further proceedings.

Rudolph, P.J., Molia and Nicolai, JJ., concur.
Decision Date: June 29, 2009