Court Can't Award More than Landlord Asks for

November 1, 2001

LVT Number: 15414

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default and awarded landlord a money judgment for more than landlord had asked for. Tenant appealed and won. The court wasn't authorized to award landlord more rent than requested in the petition. And since this was a federal housing project, it was an error to include no-rent items in the award, even if these were called ''additional rent'' in tenant's lease.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default and awarded landlord a money judgment for more than landlord had asked for. Tenant appealed and won. The court wasn't authorized to award landlord more rent than requested in the petition. And since this was a federal housing project, it was an error to include no-rent items in the award, even if these were called ''additional rent'' in tenant's lease.

Port Chester Hous. Auth. v. Turner: NYLJ, 10/17/01, p. 23, col. 3 (App. T.2 Dept.; Floyd, PJ, Colabella, Coppola, JJ)

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