Summary
In Goldstein v. Schick (237 App. Div. 905; affd., 262 N.Y. 697) the Special Term denied the motion to amend the judgment, but the Appellate Division reversed and granted it. This court held that this was proper.
Summary of this case from Lexington Fortieth Corp. v. CallaghanOpinion
January, 1933.
Order denying motion to amend final judgment by eliminating the direction that defendants pay a certain amount of money into court reversed on the law and the facts, without costs, and motion granted, without costs. The amendment sought by defendants related to an error of form and not to a matter of substance. It was, therefore, proper to amend and not to appeal from the judgment. ( Simmons v. Craig, 137 N.Y. 550.) Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ., concur.