Case Type

Holdover-Lease Expiration

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT-320242-22/KI; LT-320243-22/KI

Petitioner

Mazal Grafton BH LLC

Respondent

Mary Power, et al.

Judge

Weisberg, Michael L.

Decision/Order Date

2026-08-19

Posture

Post-Trial Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

After trial on two jointly-heard "no grounds" holdover proceedings, the court dismissed with prejudice finding petitioner failed to prove respondents were squatters, sublessees, or assignees. Petitioner moves under CPLR 5019(a) to amend the judgment to omit "with prejudice." Court denies the motion: it cannot amend a judgment — even to correct its own assumed intention — if doing so would affect a substantial right of a party.

Keywords

CPLR 5019[a]; Motion To Amend Judgment; Judgment Cannot Be Amended To Correct Mistake If It Affects The Substantial Right Of A Party

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