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NEWHOUSE PROPERTIES, INC., Appellant, v. ROBERT J. McGEE, Respondent.

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 A.D.2d 445). Moreover, respondent did not request such equitable relief in his answer. Additionally, the object of an RPAPL article 7 summary proceeding is to resolve questions affecting possession of real property promptly, not to determine equitable questions of title (see, Tivoli Assocs. v. Wing, 122 Misc.2d 901, 902-903). In view of our holding, we do not reach the remaining issues raised by respondent.

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NEWHOUSE PROPERTIES, INC. v. McGEE
(Apr 8, 1988)