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GARRICK AUG ASSOCIATES STORE LEASING, INC. v. SCALI

278 A.D.2d 23 (2000)

718 N.Y.S.2d 281

GARRICK AUG ASSOCIATES STORE LEASING, INC., Respondent, v. JOSEPH SCALI, Defendant, and TERESA M. HOLLAND, Appellant.

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

Decided December 7, 2000.

In this action to recover a brokerage fee, where, after a nonjury trial, the court found that plaintiff was entitled to its commission under either contract theory or quantum meruit, the court erred in amending its judgment to affect defendant Holland's substantive rights while purporting to cure a mere mistake or defect pursuant to CPLR 5019 (a) (see, Herpe v Herpe, 225 N.Y. 323, 327; Kiker v Nassau County, 85 N.Y.2d 879...

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