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Bolden v. MacPebble

Monetary Judgment Cannot Be Granted When There Is No Possessory Judgment

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After a review of the file contained on NYSCEF and after argument the motion is GRANTED X NYSCEF: 12-20 DENIED DECISION/ORDER Two motion are decided in this order: Petitioner’s counsel’s to be relieved which is granted without opposition and respondent’s to dismiss which is granted over petitioner’s verbal opposition and after an opportunity to oppose the motion in writing was made and declined. The simple issue is whether or not this matter may proceed on petitioner’s money claim where all sides agree that respondent vacated between the 1st and 2nd court appearances. In both Felsenfeld v. Rogers, 176 NYS3d 738 (AT 2nd 2022) and Javaherforoush v. Sherrard, 2022 NY Slip Op 50307(U) the appellate courts in the Second department (includes Richmond County) have ruled that money judgments may not be awarded where there is no concomitant award of possession. Here, as it is undisputed that petitioner has possession of the unit there is no possession to award and consequently, no concomitant award of possession. Without prejudice to renewal in a plenary proceeding. petitioner encouraged to spoeak with the self-help center. Dated: September 8, 2023

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