Landlord Can't Amend Judgment to Get More Use and Occupancy

December 1, 1999

LVT Number: 13717

Landlord sued to evict tenant. Tenant agreed in court that the apartment wasn't subject to rent control or rent stabilization. The court then ruled for landlord and, after a hearing, determined the amount of use and occupancy tenant owed for the period while the court case was pending. Tenant didn't pay the amount found due by the court, and landlord asked the court to increase the total amount of use and occupancy owed to include amounts accruing after the judgment was entered. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant.

Landlord sued to evict tenant. Tenant agreed in court that the apartment wasn't subject to rent control or rent stabilization. The court then ruled for landlord and, after a hearing, determined the amount of use and occupancy tenant owed for the period while the court case was pending. Tenant didn't pay the amount found due by the court, and landlord asked the court to increase the total amount of use and occupancy owed to include amounts accruing after the judgment was entered. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. A judgment can't be amended to include claims that didn't exist at the time of the trial.

Ingravallo v. Cirillo: NYLJ, p. 36, col. 4 (11/22/99) (App. Div.2 Dept.; Aronin, JP, Chetta, Patterson, JJ)

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