Court Can't Amend Judgment to Add Money Award to Landlord

February 27, 2019

LVT Number: #29959

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court that called for a judgment of possession in landlord's favor. Landlord later asked the court to amend the judgment to include a money judgment. The court ruled against landlord, who appealed and lost. The court proceeding ended following the entry of the final judgment of possession and tenant's removal from the apartment. Because the case was no longer pending, the housing court had no authority to consider landlord's request to amend the judgment.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court that called for a judgment of possession in landlord's favor. Landlord later asked the court to amend the judgment to include a money judgment. The court ruled against landlord, who appealed and lost. The court proceeding ended following the entry of the final judgment of possession and tenant's removal from the apartment. Because the case was no longer pending, the housing court had no authority to consider landlord's request to amend the judgment.

Goldburd v. Langer: 62 Misc.3d 140(A), 2019 NY Slip Op 50060(U) (App. T. 2 Dept.; 1/4/19; Pesce, PJ, Aliotta, Elliot, JJ)

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