Judgment Referred to Wrong Apartment

December 1, 2002

LVT Number: 16293

Landlord sued to evict tenant. The court ruled for landlord and issued a judgment awarding eviction of tenant from a basement apartment. Tenant later asked the court to vacate the judgment and restore him to possession because the judgment mistakenly referred to the basement apartment instead of the ground-floor apartment. The court ruled for tenant. Landlord appealed and won. The reference to the basement apartment in the judgment was merely a typographical error. It was clear from all the prior court papers that tenant lived in the ground-floor apartment.

Landlord sued to evict tenant. The court ruled for landlord and issued a judgment awarding eviction of tenant from a basement apartment. Tenant later asked the court to vacate the judgment and restore him to possession because the judgment mistakenly referred to the basement apartment instead of the ground-floor apartment. The court ruled for tenant. Landlord appealed and won. The reference to the basement apartment in the judgment was merely a typographical error. It was clear from all the prior court papers that tenant lived in the ground-floor apartment. The lower court should simply have corrected the error on the judgment.

Campbell and Townsend v. Lewis: NYLJ, 11/18/02, p. 30, col. 3 (App. T.2 Dept.; Aronin, JP, Golia, Rios, JJ)

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