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HORAN v. TOWN OF BROOKHAVEN

29 A.D.2d 563 (1967)

Barbara T. Horan, Appellant, v. Town of Brookhaven et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1967

Where change of substance in the judgment is sought, the remedy is an appeal or motion to vacate, not a motion to amend the judgment (Herpe v. Herpe, 225 N.Y. 323; 9 Carmody-Wait 2d, New York Practice, § 63:157). However, in the exercise of our appellate jurisdiction, we now do what the lower court should have done (Matter of James, 23 A.D.2d 529; Terry & Gibson v. Bank of N. Y. & Trust Co., 242 App. Div...

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