Cornhill LLC v. Sposato

OPINION OF THE COURT

Ellen M. Yacknin, J.

Introduction

On January 15, 2016, petitioner Cornhill LLC filed a summary rent nonpayment action under RPAPL article 7 against its tenant, respondent Alice Sposato. Petitioner’s petition sought an immediate warrant of eviction and a money judgment of $4,735 for unpaid rent, late fees, and attorney’s fees.

Respondent neither answered nor appeared in court on the March 7, 2016 return date. For that reason, this court granted petitioner’s request for a warrant of eviction. Relying on Fourth Department and Monroe County Court precedent, however, this court…