Landlord Can Continue to Seek Money Judgment in Case Commenced Before Tenant Moved Out

Landlord sued to evict unregulated tenant. Tenant moved out of the apartment while the case was pending. The court then ruled against landlord "without prejudice" to landlord's right to bring a plenary action for attorneys' fees and other monetary relief. The court denied landlord's request for a money judgment covering outstanding rent, use and occupancy, and attorneys' fees.

Landlord appealed and won. Tenant's voluntary move-out while the holdover eviction proceeding was pending didn't deprive the court of jurisdiction over the money claims contained in the petition, including use and occupancy and attorneys' fees. The court had relied on a vaguely described stipulation that wasn't raised by the parties and that wasn't in the record. Since tenant surrendered possession without contesting the merits of the holdover petition, this resulted in an ultimate outcome wholly favorable to landlord and it was entitled to attorneys' fees as the prevailing party. The case was sent back to the lower court for a hearing to determine the amount of use and occupancy and reasonable attorneys' fees due to landlord. 

EDJ Realty v. Sodano: 2022 NY Slip Op 50114(U), NYLJ 2/25/22, p. 22, col. 2 (App. T. 1 Dept.; 2/22/22; Edmead, PJ, Brigantti, Silvera, JJ)