Opinion
570900/00.
Decided March 23, 2004.
Landlord appeals from an order of the Civil Court, New York County, dated June 24, 2002 (Timmie Erin Elsner, J.) granting tenant's cross-motion to vacate the prior possessory judgment and directing issuance of a money judgment only for interest which accrued on the unpaid rent.
Order dated June 24, 2002 (Timmie Erin Elsner, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. MARTIN SCHOENFELD, Justices.
While a prevailing landlord in a nonpayment proceeding is entitled to prejudgment interest since the claim "sounds in contract" (see, Solow v. Wellner, 86 NY2d 582, 589-590; CPLR 5001[a]), Civil Court correctly limited landlord's remedy to a money judgment for that amount. This relief is consistent with the purpose of awarding interest, which is to "make an aggrieved party whole" (see, Spodek v. Park Property Development Associates, 96 NY2d 577, 581). A special proceeding to recover possession of real property for nonpayment may only be based upon a tenant's default "in the payment of rent" (RPAPL § 711; see, Matter of Bedford Gardens Co., 269 AD2d 445) which, in the case of a rent stabilized tenant, is the "legal regulated rent" (see, Rent Stabilization Code § 2525.1; § 2520.6[c], [e]). It is not disputed that tenant satisfied the judgment for the principal amount of legal rent found to be owing in this proceeding. Entry of a possessory judgment for prejudgment interest would impermissibly implicate tenant's eviction for nonpayment of monies in excess of the legal regulated rent (see, Silber v. Schwartzman, 150 Misc 2d 1 [App Term, 1st Dept]).
This constitutes the decision and order of the court.