Opinion
2001-08224
Argued November 26, 2002.
December 30, 2002.
Appeal by the defendant, on a motion, inter alia, to modify a foreign amended judgment dated March 24, 2000, and entered in the Superior Court of New Jersey, Chancery Division, Warren County, Probate Part, which was filed and entered pursuant to CPLR 5402 in the office of the Clerk of the Supreme Court, Kings County, on August 2, 2000, from an order of the Supreme Court, Kings County (Hall, J.), dated July 11, 2001, which granted the plaintiff's motion, inter alia, to modify the amount of the judgment against the defendant from $526,296 to $805,727.
Scott Scott, LLP, Smithtown, N.Y. (Jonathan C. Scott of counsel), for appellant.
Gibbons, Del Deo, Dolan, Griffinger Vecchione, P.C., New York, N.Y. (Michael D. Loprete and Debra A. Clifford of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
It is well settled that the Supreme Court has the discretion to cure mistakes, defects, and irregularities in judgments that do not affect substantial rights of parties (see CPLR 5019[a]; Kiker v. Nassau County, 85 N.Y.2d 879; Aames Capital Corp. v. Davis, 295 A.D.2d 376). Here, the Supreme Court properly granted the plaintiff's motion, inter alia, to modify a foreign amended judgment entered in the Superior Court of New Jersey based upon a clerical mistake made by his counsel when filing and entering that foreign amended judgment pursuant to CPLR 5402. Contrary to the defendant's contention, "no substantial right is affected, and the [defendant] cannot be prejudiced, by correcting the * * * judgment to accurately reflect the obligation the [defendant] knew [he] owed" (Rodriguez v. Long Is. Coll. Hosp., 289 A.D.2d 556; see Kiker v. Nassau County, supra).
The defendant's remaining contentions are not properly before this court on the appeal.
ER, J.P., FRIEDMANN, H. MILLER and SCHMIDT, JJ., concur.