Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
L&T-338630-23/BX
Petitioner
RIVERBAY CORPORATION
Respondent
DARYL DAWSON, ALVARADO BRANCH, JOHN DOE, and JANE DOE
Judge
Gurung, Rina
Decision/Order Date
2025-08-28
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Other
Synopsis
In this nonpayment case, the tenant's attorneys made an oral motion for a civil penalty under CPLR § 5020(c) against the landlord for failing to file a satisfaction of judgment within 20 days after receiving full payment. The court dismissed the application, holding that Housing Court, a special proceeding, lacks jurisdiction to hear this claim. The court reasoned that CPLR § 5020(c) specifies that such a penalty is "recoverable by the judgment debtor" in a separate plenary action, not within the confines of a summary proceeding. The tenant was directed to pursue the claim in a different venue, such as a small claims action.
Keywords
CPLR § 5020(c) ; Civil Penalties; CCA § 110 Does not Confer Jurisdiction to Housing Court to Hear Claims Under CPLR § 5020(c)
Recommended Citation
"Riverbay Corp. v. Dawson" (2025). All Decisions. 1924.
https://ir.lawnet.fordham.edu/housing_court_all/1924
