AHMED v. MOHAMMED (2022)

This is a summary non-payment proceeding.

The parties have appeared by their respective counsel. There is no dispute that respondents surrendered the subject premises and petitioner has possession. Petitioner seeks a monetary judgment. This matter could not be settled, and it was transferred to the trial part.

After conference with the court, and now upon application by respondents’ counsel to dismiss the case, the case is dismissed without prejudice.

Recently, the Appellate Term, Second Department ruled in Felsenfeld v. Rogers, 2022 NY Slip Op 51143(U)[November 3, 2022] that in a summary proceeding a money judgment “cannot stand, as there was no concomitant award of possession to the landlord.” In this summary proceeding before the court, a judgment of possession is not needed, as such, the monetary judgment cannot be entered.

The Appellate Term has addressed this “no concomitant award of possession to the landlord,” numerous times. See, Javaherforoush v. Sherrard, 2022 NY Slip Op 50307(U)[April 7, 2022], Carney Realty Corp. v. Elite Tent & Party Rental, 73 Misc 3d 141(A), 2021 NY Slip Op 51197(U)[December 9, 2021] and Fieldbridge Assoc., LLC v Sanders, 70 Misc 3d 140(A), 2021 NY Slip Op 50128(U) [February 19, 2021].

Accordingly, the petition is dismissed without prejudice as to any claims or defenses between the parties.

This constitutes the Order of the Court.

Enedina Pilar Sanchez, J.