[*2]Appeal by defendant, as limited by her brief, from so much of an order of the District Court, Nassau County (J. Asarch, J.), entered September 18, 2002, as granted plaintiff's motion for summary judgment.

Order unanimously reversed without costs, plaintiff's motion for summary judgment denied and, upon searching the record, summary judgment awarded in favor of defendant dismissing the action.

In or about June 2001, plaintiff commenced this action to recover $10,511.31 in damages for defendant's unpaid common charges, assessments, late fees, interest and other charges. It also sought $5,000 for attorney's fees.

The monetary jurisdictional limit of the District Court is $15,000, exclusive of interest and cost (see UDCA 201, 202). Inasmuch as plaintiff's claim for attorney's fees is interrelated with its breach of contract claim and said claims comprise a single cause of action (see e.g. 930 Fifth Avenue Corp. v King, 42 NY2d 886), contrary to the determination of the court below, plaintiff's claim for attorney's fees cannot be severed and treated as a separate cause of action. Together, these damages exceed the $15,000 monetary jurisdictional limit of the District Court and, therefore, upon searching the record in this appeal from the order granting plaintiff's motion for summary judgment (Merritt Hill Vineyards v Windy Hgts. Vineyard, 61 NY2d 106), the action must be dismissed. We note that this court's holding in Board of Mgrs. of Mews at N. Hills Condominium v Faralzadeh (189 Misc 2d 38) is distinguishable since the plaintiff in that case could have brought a separate action to obtain unpaid common charges which [*3]accrued after the commencement of the action.
Decision Date: October 23, 2003