WOOLFALK v. NEW YORK CITY HOUSING AUTHORITY


36 A.D.3d 444 (2007)

827 N.Y.S.2d 149

JAMES TYRONE WOOLFALK, an Infant, by His Father and Natural Guardian, JAMES T. WOOLFALK, et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided January 9, 2007.


CPLR 5019 (a) expressly permits trial and appellate courts to correct or cure mistakes, defects and irregularities not affecting a substantial right of a party, and it is long settled that the trial court has no revisory or appellate jurisdiction to correct by amendment an error in substance affecting the judgment (Herpe v Herpe, 225 N.Y. 323, 327 [1919]). While ordinarily the statute contemplates the correction of ministerial mistakes, even errors of substance are...

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