HAMLET HOMEOWNERS ASSOCIATES INC v. SOUZA (2006)

Appeal from judgments of the Justice Court of the Town of East Fishkill, Dutchess County (Thomas Wood, J.), entered June 29, 2005.   The judgments, entered upon an order granting a motion by plaintiff for summary judgment in two actions, awarded plaintiff the principal sums of $3,000 and $2,403.

Judgments reversed without costs, plaintiff's motion for summary judgment denied, and, upon searching the record, summary judgment is awarded to defendants dismissing the actions.

Plaintiff, a homeowner's association, commenced the instant actions to recover unpaid common charges and late fees.   In the first action, plaintiff sought to recover such charges and fees for the period from June 30, 2003 until April 1, 2004.   In the second action, plaintiff sought to recover such charges and fees for the period from April 1, 2004 until September 1, 2004.   Thereafter, plaintiff moved, by “consolidated notice of motion,” for summary judgment in both actions, and defendants opposed on various grounds, including that the late fees imposed were excessive.   The lower court granted plaintiff's motion, and the instant appeal ensued.

 When more than one installment is due upon a contract, the claims for all installments are merged into a single cause of action and must be included in a single action (Kennedy v. City of New York, 196 N.Y. 19, 25, 89 N.E. 360 [1909];  1 N.Y. Jur. 2d, Actions § 54).   Here, plaintiff simultaneously commenced two separate actions, one to recover $3,000 and the other to recover $2,403, representing unpaid common charges and late fees for different time periods based on a single cause of action.   It is apparent that plaintiff did so because the Justice Court's monetary jurisdictional limit is $3,000.   The monetary jurisdictional limit of the court cannot be circumvented in this manner.  “A single cause of action may not be divided merely for the convenience of the plaintiff in seeking a forum” (2B Carmody-Wait 2d § 16:3;  see Dusenbury v. Habisreitinger, 72 Misc. 61, 129 N.Y.S. 2 [App. Term 1911] ).   Since plaintiff's cause of action is in fact an indivisible claim for $5,403, it exceeds the jurisdictional limit of the court, and the actions should have been dismissed.

In view of the foregoing, this court does not reach the issue of whether the late charges imposed are unreasonable and confiscatory (see Sandra's Jewel Box v. 401 Hotel, 273 A.D.2d 1, 708 N.Y.S.2d 113 [2000];  943 Lexington Ave. v. Niarchos, 83 Misc.2d 803, 373 N.Y.S.2d 787 [App. Term, 1st Dept.1975];  Spring Val. Gardens Assoc. v. Earle, 112 Misc.2d 786, 447 N.Y.S.2d 629 [Rockland County Ct.1982] ).

RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ., concur.