We briefly address two ancillary issues. The court’s dismissal of tenant’s counterclaim for attorney’s fees incurred in defense of a prior holdover proceeding commenced by landlord should have been “with prejudice,” where landlord was awarded a possessory judgment on its earlier holdover petition, albeit a judgment which was permanently stayed (see Central Park W. Realty v Stocker, 1 Misc 3d 137[A], 2004 NY Slip Op 50058[U] [App Term, 1st Dept 2004]). Finally, landlord’s unopposed motion for issuance of a rent deposit order should have been granted, where more than 30 days have elapsed since the parties’ first court appearance herein and, so far as known, no adjournments were requested by landlord (see RPAPL 745 [2] [a]). Lowe, III, P.J., Shulman and Hunter, Jr., JJ, concur.