Felsenfeld v. Rogers

Felsenfeld v Rogers (2022 NY Slip Op 51143(U)) [*1] Felsenfeld v Rogers 2022 NY Slip Op 51143(U) [77 Misc 3d 128(A)] Decided on November 3, 2022 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on November 3, 2022 SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS PRESENT: : JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ 2021-679 W C Steven Felsenfeld, Appellant, against Jessica Rogers, Respondent. Steven Felsenfeld, appellant pro se. Jessica Rogers, respondent pro se. Appeal, on the ground of inadequacy, from a judgment of the Justice Court of the Town of Ossining, Westchester County (Jeffrey W. Gasbarro, J.), entered September 27, 2021. The judgment, after a nonjury trial, awarded landlord the sum of $1,598.11 in a summary proceeding commenced pursuant to RPAPL 711. 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. ENTER: Paul Kenny Chief Clerk Decision Date: November 3, 2022