Landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court, Bronx County, entered on or about April 23, 2002 (Brenda S. Spears, J.) which denied landlord's motion to restore to the trial calendar its possessory cause of action based upon tenant's alleged nonpayment of prepetition rent arrears and for entry of a possessory judgment and warrant of eviction against tenant.

PER CURIAM:

Order entered on or about April 23, 2002 (Brenda S. Spears, J.) modified to grant in toto landlord's motion to restore the proceeding to the trial calendar; as modified order affirmed, without costs.

Although tenant's discharge in bankruptcy in January 2002 absolves her from personal liability for the rent arrears which allegedly accrued from December 1999 to March 2001 and which form the basis of the within nonpayment summary proceeding (11 USC § 524[a][2]), the petitioner-landlord nonetheless is entitled to seek the tenant's eviction based upon the claimed nonpayment of rent (see, Dulac v Dabrowski, ___Misc 2d ___, 2003 WL 1389110 [App Term, 1st Dept] [decided after issuance of the order here under review]). The landlord's [*2]possessory cause of action, as well as the tenant's remaining, non-bankruptcy related defenses, should be tried on the merits.

This constitutes the decision and order of the court.