Landlord Awarded $45,000 Judgment in Summary Proceeding After Tenant Moves Out

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend its petition and for summary judgment without trial. The court ruled against landlord, who appealed and won. The appeals court permitted landlord to amend the nonpayment petition and awarded landlord a money judgment for $45,000. Tenant hadn't opposed landlord's request in housing court and didn't dispute that he owed landlord $45,000 in back rent. The fact that tenant moved out of the apartment while the case was pending didn't deprive the court of jurisdiction of the money claims contained in landlord's petition. The lower court also relied on case law that barred entry of a money judgment when a tenant wasn't personally served with court papers. But tenant didn't default here; he had appeared in court. So it was proper to enter the money judgment.

Rosebud Owner LLC v. Park: Index No. 571372/23, 2024 NY Slip Op 50151(U)(App. T. 1 Dept.; 2/15/24; Hagler, PJ, Brigantti, Perez, JJ)