East Bronx Properties, Inc. v. James

This is a nonpayment summary proceeding. The proof on the trial established that the landlord although the owner of the premises at the commencement of the proceeding was divested of title by virtue of a condemnation proceeding prior to the trial. The landlord does not seek a final order but maintains that he is entitled to a money judgment for past due rent.

In the instant case it is obvious that a final order cannot be signed awarding possession to the petitioner for it is no longer entitled to possession. Can, therefore, a final order be entered for the landlord? Or, can a money judgment be…