Opinion
February 26, 1962
In two consolidated actions for rent, plaintiff appeals from so much of a judgment of the County Court, Westchester County, entered October 4, 1961, upon the decision of the court, after a nonjury trial, as decreed: (1) that defendant never exercised his option to renew or extend the lease between the parties for an additional five years; (2) that there has never been a waiver of the terms of the lease with respect to defendant's exercise of such option; and (3) that at the expiration of the term of said lease on April 30, 1956, defendant became a holdover tenant from said date until April 30, 1959. The judgment also awarded plaintiff $990, with interest and costs, as originally demanded; but plaintiff has not appealed from such portion of the judgment. Judgment insofar as appealed from affirmed, without costs. No opinion.
If a money judgment only had been entered, the plaintiff would not be in a position to appeal as it would have obtained all of the relief which it sought; it would not have been an aggrieved party. The findings of fact or conclusions of law upon which the County Court reached its final determination belong properly in its formal decision (from which no appeal lies), and not in the judgment. The plaintiff may not enlarge its rights and convert itself into an aggrieved party by inserting in the judgment decretal provisions which have no place therein, especially since such provisions go beyond the scope of the relief originally demanded.