In The Marketplace v. David Smith, DBA The Hippo Cafe et al. (181 Misc2d 440 [1999]) the landlord commenced a nonpayment summary proceeding to recover possession of the premises. The landlord sought a judgment consisting of unpaid rent as of the date of the petition and a sum for accelerated rent for the remaining period of the lease. In deciding that the court lacked subject matter jurisdiction to award a judgment for accelerated rent, the court first determined whether the accelerated rent fell within the "same class as unpaid rent" (at 441) for which the court acknowledged it had jurisdiction. The court held that the accelerated rent clause was a "creature" of contract (at 442), as opposed to a creature of the statute governing summary proceedings. Concluding that a determination of such contractual claim would undermine the legislative intent of summary proceedings, the court denied the landlord's motion for summary judgment and granted judgment for the unpaid rent and eviction.