Legal Opinion

Newhouse Properties, Inc. v. McGee

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1988PublishedCited by 1 opinion

1Opinion of the Court

— Judgment insofar as appealed from unanimously reversed on the law without costs, in accordance with the following memorandum: The County Court lacked jurisdiction to grant the equitable relief awarded respondent in this RPAPL article 7 summary proceeding. County Court possesses limited jurisdiction and may exercise equity power only to the extent specifically provided by law (NY Const, art VI, § 11 [b]; Judiciary Law §§ 190, 190-b; see, Matter of Hill v Marks, 124 AD2d 445). Moreover, respondent did not request such equitable relief in his answer. Additionally, the object of an RPAPL…

2Cases cited1 opinion

  1. Hill v. MarksAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by1 opinion

  1. Doe v. ConnellAppellate Division of the Supreme Court of the State of New York · 1992

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