Landlord Can't Correct Error in Judgment

July 31, 1996

LVT Number: 10785

Landlord sued to evict tenant. The court ruled for landlord and issued a money judgment in landlord's favor. Landlord later asked the court to correct a mathematical error in the judgment. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Usually such an error would be correctable by an amendment to the judgment. But the judgment amount was already paid. Therefore the judgment technically no longer existed and couldn't be modified.

Landlord sued to evict tenant. The court ruled for landlord and issued a money judgment in landlord's favor. Landlord later asked the court to correct a mathematical error in the judgment. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Usually such an error would be correctable by an amendment to the judgment. But the judgment amount was already paid. Therefore the judgment technically no longer existed and couldn't be modified.

Simkowitz v. Toniatti: NYLJ, p. 21, col. 3 (7/17/96) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)

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