Judgments Mistakenly State They Were Based on Settlement Agreement

May 16, 2014

LVT Number: #25490

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding it possession and rent arrears totaling $4,852. The court also awarded landlord attorney's fees in the amount of $3,900. Tenant asked the court to vacate the judgment. The court ruled against tenant, who appealed and won. The judgments for rent and attorney's fees stated in error that they were based on a stipulation entered into between the parties. This misstatement prevented tenant from properly appealing the court's decisions, and the errors must be corrected by the court. 

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding it possession and rent arrears totaling $4,852. The court also awarded landlord attorney's fees in the amount of $3,900. Tenant asked the court to vacate the judgment. The court ruled against tenant, who appealed and won. The judgments for rent and attorney's fees stated in error that they were based on a stipulation entered into between the parties. This misstatement prevented tenant from properly appealing the court's decisions, and the errors must be corrected by the court. 

Mid Island, LP v. Kripalani: Index No. 1840/2012, NYLJ No. 1202652137080 (A.T. 2 Dept.; 4/22/14; Aliotta, JP, Pesce, Weston, JJ)

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