Appeal from an order of the Civil Court of the City of New York, Queens County (Timothy J. Dufficy, J.), entered February 3, 2005. The order denied plaintiff's motion for summary judgment on the issue of liability.

Order modified by providing that plaintiff's motion for summary judgment on the issue of liability is denied without prejudice; as so modified, affirmed without costs. On the court's own motion, the clerk of the court below is directed to enter judgment in favor of defendant dismissing the action without prejudice.

Plaintiff instituted this action to recover $25,000 plus treble damages under section 853 of the RPAPL as a result of an alleged wrongful eviction. Since a demand for treble damages does not constitute a separate cause of action distinct from the substantive cause of action on which it is grounded (1443 York Ave. Realty Co. v Ronning, 12 Misc 3d 142[A], 2006 NY Slip Op 51401[U] [App Term, 1st Dept]; see Rocanova v Equitable Life Assur. Socy., 83 NY2d 603, 616-617 [1999]), plaintiff is alleging a single cause of action seeking damages in the amount of $75,000. Inasmuch as the monetary jurisdiction of the Civil Court is limited to $25,000 per cause of action (CCA 202), the court is without subject matter jurisdiction over this matter (see Bing v Fairfield Presidential Mgt. Corp., 5 Misc 3d 130[A], 2004 NY Slip Op 51297[U] [App Term, 2d & 11th Jud Dists]; Kemper v Transamerica Ins. Co., 61 Misc 2d 7 [1969]). Accordingly, the clerk of the court below is directed to dismiss the complaint without prejudice.

In view of the lack of subject matter jurisdiction, we do not reach the merits of plaintiff's motion for summary judgment, which is denied without prejudice.

Pesce, P.J., Weston Patterson and Golia, JJ., concur. [*2]
Decision Date: February 14, 2007