Opinion
No. 2023-113 KC
05-17-2024
Harry Silver Housing Company, Inc., Respondent, v. Roger Bell, Appellant.
Roger Bell, appellant pro se. Horing, Welikson, Rosen & DiGrugilliers, P.C. (Richard T. Walsh of counsel), for respondent.
Unpublished Opinion
Roger Bell, appellant pro se.
Horing, Welikson, Rosen & DiGrugilliers, P.C. (Richard T. Walsh of counsel), for respondent.
PRESENT:: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Cheryl J. Gonzales, J.), dated January 27, 2023, as amended July 18, 2023. The amended order, insofar as appealed from, granted the branches of landlord's postjudgment motion seeking (1) the entry of a second money judgment of $22,393.08 in this nonpayment summary proceeding and (2) the execution of a warrant of eviction that had issued upon the entry of a final judgment on April 13, 2021 awarding landlord possession and the sum of $14,892.12, to the extent of awarding landlord a second money judgment in the sum of $12,925, directing tenant to pay that sum within five days, permitting landlord to execute on the warrant of eviction upon tenant's failure to pay, directing tenant to pay an additional $7,623.09, and granting landlord leave to enter another money judgment if tenant failed to pay the $7,623.09.
ORDERED that the amended order, insofar as appealed from, is reversed, without costs, the branches of landlord's postjudgment motion seeking the entry of a second money judgment and execution of the warrant of eviction are denied, and the warrant of eviction is vacated.
In this 2018 nonpayment proceeding, a trial was held, which concluded on April 26, 2019, and a final judgment was entered on April 13, 2021, awarding landlord possession and the sum of $14,892.12, representing all rent due between March 2017 and April 2019, minus a 20 percent abatement. Insofar as relevant to this appeal, landlord moved for the entry of a second money judgment of $22,393.08, representing postjudgment arrears due from May 2019 to February 2022, and to execute a warrant of eviction that had issued upon the entry of the final judgment on April 13, 2021. Prior to landlord's motion, tenant fully satisfied the April 13, 2021 judgment. By order dated January 27, 2023, as amended on July 18, 2023, insofar as appealed from, the court granted the branches of landlord's motion to the extent of awarding landlord a second money judgment in the sum of $12,925, directing tenant to pay that sum within five days, permitting landlord to execute the warrant of eviction upon tenant's failure to pay, directing tenant to pay an additional $7,623.09, and granting landlord leave to enter another money judgment if tenant failed to pay the $7,623.09.
We need not pass on the question of whether petitioner could properly seek a second money judgment for postjudgment arrears since, upon tenant's satisfaction of the underlying final judgment, "the jurisdiction of the court in this nonpayment proceeding was terminated and the warrant of eviction should have been vacated" (Clark v Williams, 149 Misc.2d 945, 946 [App Term, 2d Dept, 2d & 11th Jud Dists 1991]). Landlord's remedy, if it be so advised, is to seek any postjudgment arrears in a new action.
Accordingly, the amended order, insofar as appealed from, is reversed, the branches of landlord's postjudgment motion seeking the entry of a second money judgment and execution of the warrant of eviction are denied, and the warrant of eviction is vacated.
TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.