Legal Question in Appeals and Writs in New York

Appeal of a Judge's Mathamatical Error

In his decision a Housing Court Judge did not credit a tenant's check

which was clearly shown to have been paid and cashed by the landlord;

this amounted to 1 months rent.

By letter the landlord has refused to credit the tenant with this

payment; the landlord made the tenant pay this month's rent a second

time.

If the tenant appealed the Judge's Decision in Housing Court and

clearly showed this error, would he be eligible for legal fees and possibly

damages in getting this money reimbursed; legal fees are reciprocal in

the lease.


Asked on 9/16/05, 3:51 pm

2 Answers from Attorneys
Alani Golanski Alani Golanski, Esq.

Re: Appeal of a Judge's Mathamatical Error

Although one might take such an appeal to the Appellate Term, in your case it sounds as if a simple motion for reargument before the Housing Court judge might suffice. This would alert the judge to the mathematical error. If the lease provides for legal fees, you should be entitled to these once you prevailed in the action. See Sun Mei, Inc. v. Chen, 800 N.Y.S.2d 133 (App. Div. 1st Dep't 2005). Whether you appeal or proceed by motion, you won't likely be entitled to any additional ''damages in getting this money reimbursed'' beyond the costs of bringing the action, or beyond damages sought in the original action in the Housing Court.

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Answered on 9/20/05, 1:54 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Appeal of a Judge's Mathamatical Error

There is no guarantee especially where it is not the landlord's fault but the court's.

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Answered on 9/19/05, 6:49 pm


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