Port Chester Housing Authority v. Turner

OPINION OF THE COURT

Memorandum.

Order unanimously reversed with $10 costs, tenant’s motion *604to vacate the final judgment and warrant granted, and matter remanded to the court below for all further proceedings.

In this nonpayment proceeding, the court below erred in entering a default final judgment awarding landlord an amount greater than asked for in the notice of petition and petition (see, Port Chester Hous. Auth. v Faison, NYLJ, Oct. 10, 1997, at 28, col 4 [App Term, 9th & 10th Jud Dists]). We also conclude that under the Federal public housing program involved herein, it was error to…