Landlord appeals from an order of the Civil Court, New York County, dated June 24, 2002 (Timmie Erin Elsner, J.) granting tenant's cross-motion to vacate the prior possessory judgment and directing issuance of a money judgment only for interest which accrued on the unpaid rent.

PER CURIAM:

Order dated June 24, 2002 (Timmie Erin Elsner, J.) affirmed, with $10 costs.

While a prevailing landlord in a nonpayment proceeding is entitled to prejudgment interest since the claim "sounds in contract" (see, Solow v Wellner, 86 NY2d 582, 589-590; CPLR 5001[a]), Civil Court correctly limited landlord's remedy to a money judgment for that amount. This relief is consistent with the purpose of awarding interest, which is to "make an aggrieved party whole" (see, Spodek v Park Property Development Associates, 96 NY2d 577, 581). A special proceeding to recover possession of real property for nonpayment may only be based upon a tenant's default "in the payment of rent" (RPAPL § 711[2]; see, Matter of Bedford Gardens Co., 269 AD2d 445) which, in the case of a rent stabilized tenant, is the [*2]"legal regulated rent" (see, Rent Stabilization Code § 2525.1; § 2520.6[c], [e]). It is not disputed that tenant satisfied the judgment for the principal amount of legal rent found to be owing in this proceeding. Entry of a possessory judgment for prejudgment interest would impermissibly implicate tenant's eviction for nonpayment of monies in excess of the legal regulated rent (see, Silber v Schwartzman, 150 Misc 2d 1 [App Term, 1st Dept]).

This constitutes the decision and order of the court.