JAMES KIKER, AS ADMINISTRATOR &C., APPELLANT, v. NASSAU COUNTY, ET AL.,
RESPONDENTS.
85 N.Y.2d 879, 649 N.E.2d 1199, 626 N.Y.S.2d 55 (1995).
March 23, 1995
2 No. 53 (1995 NY Int. 059)
Decided March 23, 1995
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Peter L. Gale, for Appellant.
Marilyn L. Olshansky, for Respondents.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
After a jury trial in a wrongful death action brought by plaintiff, a
verdict was rendered against defendant County of Nassau for $325,000.
Judgment was entered on September 22, 1989, by the Nassau County Clerk
for the sum awarded plaintiff plus interest from the date of death.
The Clerk erroneously calculated interest at an annual rate of 9%
instead of 6%, as required by General Municipal Law § 3-a(2). The
interest was entered in a total dollar amount, $266,337.50, and the
rate at which the interest had been calculated was not shown on the
document. Apparently the error was not discovered by the County until
November 1991. However, the judgment against the County had already
been affirmed by the Appellate Division (175 AD2d 99), and the appeals
process was over.
The County then sought, by Order to Show Cause, correction of the
judgment pursuant to CPLR 2001 and 5019(a), to reflect the statutory
rate. Supreme Court denied the County's motion and held that while the
law was clear and unambiguous that the correct rate of interest was
6%, the court lacked power to make the correction. The Appellate
Division reversed (204 AD2d 400) holding that the assessment of
interest by the County Clerk had enlarged the scope of the judgment
beyond that authorized by the verdict. Alternatively, the Court held
that the error committed by the County Clerk was ministerial in nature
and could be corrected by the court of original jurisdiction.
We agree with the Appellate Division that a mistake made by a clerk in
assessing the amount of interest on a judgment may be corrected by the
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
The order of the Appellate Division should be affirmed, with costs.
After a jury trial in a wrongful death action brought by plaintiff, a verdict was rendered
However, the judgment against the County had already been affirmed by the Appellate Division,
Supreme Court denied the County's motion and held that while the law was clear and
The Appellate Division reversed (204 AD2d 400) holding that the assessment of interest by the
the Court held that the error committed by the County Clerk was ministerial in nature and
We agree with the Appellate Division that a mistake made by a clerk in assessing the amount
CPLR 5019provides that "judgment or order shall not be stayed, impaired or affected by any
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
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