No Money Judgment Where Tenant Moved Out Before Trial in Nonpayment Eviction Case

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $38,800. Tenant retained counsel, filed an answer, and engaged in motion practice and in failed settlement negotiations. The case was then transferred to a trial part and a trial date was set. Before the trial date, tenant moved out and surrendered possession. She then asked the court to dismiss the case. Landlord argued that the court retained the authority to award a money judgment for the rent arrears.

The court ruled for tenant and against landlord based on a number of decisions by the Appellate Term, Second Department that have ruled that a petitioner in a summary eviction proceeding cannot be awarded an independent money judgment without a possessory judgment because the purpose of a summary proceeding is to recover possession. Any money judgment is ancillary to the judgment of possession. Cases cited by landlord involved instances where either there was no surrender, there was a dispute as to whether there was a valid surrender, or the court didn't provide enough detail to say whether there was a valid surrender. 

83-40 Britton Ave LLC v. Sultana: Index No. LT-304454/23, 2024 NY Slip Op 24242 (Civ. Ct. Queens; 8/14/24; Thermos, J)