Oakwood Terrace Hous. Corp. v Monk

[*1] Oakwood Terrace Hous. Corp. v Monk 2012 NY Slip Op 51111(U) Decided on June 12, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2010-3230 OR C.

Oakwood Terrace Housing Corp., Respondent,

against

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. 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 [*2]for a trial before a different judge.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: June 12, 2012