FELSENFELD v. ROGERS (2022)

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Justice Court for the entry of an appropriate final judgment.

In this RPAPL 711 summary proceeding, a money judgment was entered on September 27, 2021, after a nonjury trial, awarding landlord the sum of $1,598.11 in unpaid rent.

On appeal, landlord argues that he is entitled to a larger award of unpaid rent under the subject lease. However, we do not reach the merits of landlord's contention, as the money judgment was improperly entered, and cannot stand, as there was no concomitant award of possession to landlord (see Javaherforoush v Sherrard, 74 Misc 3d 137[A], 2022 NY Slip Op 50307[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2022]; Carney Realty Corp. v Elite Tent & Party Rental, 73 Misc 3d 141[A], 2021 NY Slip Op 51197[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2021]; 615 Nostrand Ave. Corp. v Roach, 15 Misc 3d 1, 4 [App Term, 2d Dept, 2d & 11th Jud Dists 2006]).

Accordingly, the judgment is reversed and the matter is remitted to the Justice Court for the entry of a final judgment either in landlord's favor, which would include an award of possession, or in tenant's favor, dismissing the petition, whichever is appropriate under the circumstances.

GARGUILO, P.J., EMERSON and DRISCOLL, JJ., concur.