Landlord Can't Amend Judgment to Include Unpaid Use and Occupancy

September 30, 1997

LVT Number: 11808

Landlord sued to evict tenant. The court ruled for landlord but granted tenant's later request for delay of the eviction. Landlord then asked the court for permission to go ahead with the eviction and to amend the money judgment to include use and occupancy accrued after the judgment. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord can't amend a judgment once it's issued to include claims not in existence at the time of the trial.

Landlord sued to evict tenant. The court ruled for landlord but granted tenant's later request for delay of the eviction. Landlord then asked the court for permission to go ahead with the eviction and to amend the money judgment to include use and occupancy accrued after the judgment. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord can't amend a judgment once it's issued to include claims not in existence at the time of the trial.

GMAC Mortgage Corp. v. Carney: NYLJ, p. 29, col. 3 (9/23/97) (App. T. 2 Dept.; Aronin, JP, Scholnick, Chetta, JJ)

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