87 Newkirk Holdings LLC v. Tamika Daley
CourtNew Jersey Superior Court Appellate Division
Date FiledOctober 21, 2026
DocketA-1487-25
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1487-25
87 NEWKIRK HOLDINGS LLC,
Plaintiff-Respondent,
v.
TAMIKA DALEY,
Defendant-Appellant.
____________________________
Submitted September 30, 2026 – Decided October 21, 2026
Before Judges Mayer and Smith.
On appeal from the Superior Court of New Jersey, Law
Division, Hudson County, Docket No. LT-006541-25.
Tamika Daley, self-represented appellant.
Respondent has not filed a brief.
PER CURIAM
Defendant Tamika Daley (tenant) appeals from a November 6, 2025
judgment for possession in favor of plaintiff 87 Newkirk Holdings, LLC
(landlord). We dismiss the appeal as moot.
We recite the facts from the tenancy trial held on November 6, 2025. At
the one-day bench trial, tenant was self-represented and landlord appeared with
counsel. A representative for landlord and tenant were the only witnesses who
testified.
Tenant leased an apartment in a building previously owned by Nandar
Group (Nandar). She paid $858 per month to lease the apartment.
Landlord purchased the building from Nandar with the intention of
demolishing it and constructing a new building. Based on this plan, landlord
and tenant executed a June 19, 2023 agreement for tenant to relocate to a new
apartment complex owned by Nandar (agreement). The agreement provided
tenant would receive $40,000, covering moving expenses, and a monthly rent
credit for a two-year period, reducing her rent from $3,600 per month to $858
per month. The agreement was to start on July 1, 2023. After the two-year
period, tenant's monthly rent would increase and reflect the actual market value
rent of $3,600 per month.
After entering into the agreement, landlord and tenant negotiated a written
lease for the new apartment. Tenant submitted a list of requested changes to the
new lease. The most significant change was tenant's request that rent remain at
$858 per month rather than $3,600 per month upon expiration of the agreement.
Landlord rejected tenant's requested changes.
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Tenant signed a new lease, dated July 14, 2023, reflecting $3,600 in
monthly rent with tenant to receive a monthly credit of $2,742 from June 30,
2023, to June 30, 2025. Additionally, tenant received the moving expense check
pursuant to the agreement. For the two-year period governed by the agreement,
tenant satisfied her $858 monthly rent obligation.
In April 2025, prior to the expiration of the July 2023 lease, landlord sent
tenant a lease renewal reflecting increased rent at $3,200 per month.1 Tenant
declined to sign the lease renewal and remained in the apartment after the
expiration of the July 2023 lease. Tenant continued to pay $858 per month to
landlord rather than the increased rent amount.
On July 17, 2025, landlord filed an eviction action for a judgment of
possession based on tenant's non-payment of rent. At trial, landlord's
representative testified about the agreement with tenant, landlord's payment of
$41,287 to tenant for moving expenses, negotiations for the new apartment
lease, the July 2023 lease executed by tenant, and the lease renewal. The
representative explained tenant's rental payment for the new apartment would
be $858 per month for two years and would then increase to market value rent
of $3,600 per month. According to the representative, landlord agreed to a two-
1
Notwithstanding that market value rent for tenant's apartment was $3,600 per
month, landlord was willing to rent the apartment to tenant for $3,200 per month.
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year rent credit for the new apartment so tenant could "find another apartment
that was a better fit for her price range." As of the trial date, landlord's
representative testified tenant owed $16,015.10 in unpaid rent and late fees.
Tenant testified she never agreed to pay rent to landlord more than $858
per month. The judge asked if tenant expected to pay $858 forever, and tenant
responded, "[n]ot forever." The judge then asked tenant why the July 2023 lease
gave her two years of below market rate rent for a brand-new apartment. Tenant
testified her "back was against the wall," and that she moved into the new
apartment because she felt pressured to do so.
Additionally, tenant argued landlord violated the New Jersey Consumer
Fraud Act, N.J.S.A. 56:8-1 to -233, by engaging in unconscionable commercial
practices. Tenant also asserted she reasonably relied on landlord's "clear and
definitive promise" to accept $858 representing monthly rent and landlord
should be estopped from increasing the rent to $3,200 per month. Tenant also
requested the judge allow her to remain in the apartment, continue to pay $858
per month in rent, and dismiss landlord's eviction action.
On cross-examination and through the judge's questioning, tenant
admitted she signed the July 2023 lease. However, tenant maintained she never
agreed to pay more than $858 per month in rent.
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The judge found landlord's representative testified credibly and concluded
the agreement signed by landlord and tenant constituted a legally binding
contract. Under the agreement, the judge noted landlord agreed to pay tenant
$41,287, which it did. Further, the judge determined the agreement
unambiguously provided tenant would receive a two-year lease for her new
apartment, paying only $858 per month in rent even though the monthly market
value rent was $3,600. The judge also found tenant received a rental credit in
the amount of $2,742 per month for two years. Because tenant admitted she had
access to landlord's online account ledger, the judge concluded tenant knew she
received two years of rent credit per the agreement.
Landlord's eviction action sought only a judgment of possession based on
tenant's non-payment of rent. The judge explained the trial was limited to
determining whether to enter a judgment of possession for landlord. The judge
specifically stated she was not awarding "a money judgment" to landlord for any
purportedly unpaid rent and that landlord would be required to file a separate
action to obtain a money judgment against tenant.
On November 6, 2025, the judge entered a judgment of possession, finding
tenant failed to pay all rent due and owing. The judge explained on the record
and in the written judgment that if tenant paid all rent due and owing, totaling
$17,890.10 according to the judge's calculation, within three days after the
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scheduled lockout, tenant could move to dismiss the judgment of possession
with prejudice.
Five days after entry of the judgment for possession, landlord applied for
a warrant of removal against tenant. Upon issuance of the warrant of removal,
tenant moved out of the apartment.
Tenant appealed. On appeal, tenant argues the judge erred because tenant
disputed any obligation to pay more than $858 in rent per month for the new
apartment. Tenant further claims the judge failed to "harmonize" the agreement,
the July 2023 lease, and landlord's various emails related to the new apartment.
Landlord did not file a merits brief. However, landlord's attorney filed a
"letter of communication" asserting tenant's appeal was moot because tenant
vacated the apartment.
Tenant argues the appeal is not moot because "the judgment remains of
record and carries ongoing legal consequences." She claims "the [j]udgment of
[p]ossession continues to have operative legal effect." However, tenant fails to
identify the "legal consequences" or "operative legal effect" arising from the
November 6, 2025 judgment of possession. Nothing in the record evidences any
residual legal consequences for tenant in this case.
In landlord-tenant right to possession cases, our courts hold that appeals
are moot if the tenant has lost possession and a new tenant has moved into the
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apartment. Courts do not "resolve issues that have become moot due to the
passage of time or intervening events." Wisniewski v. Murphy, 454 N.J. Super.
508, 518 (App. Div. 2018) (citing State v. Davila, 443 N.J. Super. 577, 584
(App. Div. 2016)). A court's ability to consider the right to possession of an
apartment is limited once "the tenant vacate[s] the premises and the premises
have been re-rented." Daoud v. Mohammad, 402 N.J. Super. 57, 61 (App. Div.
2008).
In Sudersan v. Royal, 386 N.J. Super. 246, 254 (App. Div. 2005), we
concluded the plaintiff's appeal was not moot because the judgment for
possession decreased the tenant's Section 8 housing subsidy and, therefore, had
actual residual legal consequence. In that case, we reversed the judgment for
possession but did not grant repossession because that would displace the
innocent third-party resident occupying the apartment. Ibid.
Here, the only order on appeal is the November 6, 2025 judgment for
possession. Like the plaintiff in Daoud, tenant no longer has possession of the
apartment and a new tenant has moved in. Additionally, tenant did not articulate
any specific "residual consequences" potentially flowing from the entry of the
judgment of possession. Having reviewed the record, we are satisfied tenant's
appeal is moot.
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Even if we did not consider the appeal to be moot, we would affirm the
November 6, 2025 judgment for possession. We are required to defer to a trial
court's findings of fact in a bench trial. Balducci v. Cige, 240 N.J. 574, 595
(2020). In a non-jury trial, we "give deference to the trial court that heard the
witnesses, sifted the competing evidence, and made reasoned conclusions."
Griepenburg v. Twp. of Ocean, 220 N.J. 239, 254 (2015).
Here, the judge heard testimony from landlord's representative and tenant.
The judge rendered credibility findings based on her ability to see and hear the
witnesses and to review the documents presented during the trial. She also
rendered findings of fact consistent with the evidence adduced at trial. Based
on well-settled case law, we would defer to the judge's entry of a judgment of
possession based on her fact findings and her legal conclusions flowing from
those findings.
Dismissed as moot.
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