Opinion
Argued January 17, 1974
Decided February 13, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS C. CHIMERA, J.
Albert A. Sloane for appellants.
Norman Redlich, Corporation Counsel ( Leonard Koerner and Stanley Buchsbaum of counsel), for respondent.
MEMORANDUM. The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative. The partial decree filed on December 20, 1968 expressly denied interest to fixture claimants, including the appellant Robert I. Cochran Co., "other than at the rate of 4% as provided by Section 3(a) of the General Municipal Law". Nor did the earlier partial decree applicable to the fee claimant, appellant Roteeco Corporation, reserve any right to interest at other than the then lawful 4% statutory rate. Both partial decrees, from which claimants took no appeal, became final and the trial court had no jurisdiction to alter its decree in any matter of substance ( Herpe v. Herpe, 225 N.Y. 323, 327; Liberty Nat. Bank Trust Co. v. Bero Constr. Corp., 29 A.D.2d 627; 5 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 5019.04; cf. Matter of Huie [ Furman], 20 N.Y.2d 568, 572; Deeves v. Fabric Fire Hose Co., 19 A.D.2d 735, affd. 14 N.Y.2d 633; but see Feldman v. New York City Tr. Auth., 44 Misc.2d 35, 36 , main case reversed on other grounds 22 A.D.2d 872, where the trial court amended its judgment to reduce the rate of interest allowed; see, also, 5 Weinstein-Korn-Miller, op. cit., par. 5019.03).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, and RABIN concur in memorandum; Judge STEVENS taking no part.
Order affirmed, etc.