Haggerty v. Mkt. Basket Enter., Inc., 8 A.D.3d 618 (N.Y. App. Div. 2004). · Go Syfert
Haggerty v. Mkt. Basket Enter., Inc., 8 A.D.3d 618 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 3 distinct courts.
Strongest positive: Chmelovsky v. Country Club Homes, Inc. (nyappdiv, 2013-11-27)
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Chmelovsky v. Country Club Homes, Inc.
N.Y. App. Div. · 2013 · confidence medium
Co., 81 AD3d at 701 ; Haggerty v Market Basket Enters., Inc., 8 AD3d 618, 619 [2004]; see also Goldberger v Eisner, 90 AD3d 835, 836 [2011]).
cited Cited as authority (rule) Chmelovsky v. Country Club Homes, Inc.
N.Y. App. Div. · 2013 · confidence medium
Co., 81 AD3d at 701 ; Haggerty v Market Basket Enters., Inc., 8 AD3d 618, 619 [2004]; see also Goldberger v Eisner, 90 AD3d 835, 836 [2011]).
discussed Cited as authority (rule) Merkos L'Inyonei Chinuch, Inc. v. Sharf
N.Y. App. Div. · 2011 · confidence medium
In doing so, the Supreme Court improperly made a change in the pleadings and the judgment that affected substantial rights of the congregation and the Gabboim (see Herpe v Herpe, 225 NY 323, 327 [1919]; Haggerty v Market Basket Enters., Inc., 8 AD3d 618, 618-619 [2004]).
cited Cited as authority (rule) Mount Sinai Hospital v. Country Wide Insurance
N.Y. App. Div. · 2011 · confidence medium
Corp., 29 AD3d 772, 773 [2006]; Haggerty v Market Basket Enters., Inc., 8 AD3d 618, 618-619 [2004]; Novak v Novak, 299 AD2d 924, 925 [2002]; Tait v Lattingtown Harbor Dev.
discussed Cited as authority (rule) Greenstein v. Greenstein
N.Y. App. Div. · 2009 · confidence medium
While a motion to amend may be used to correct a technical defect, mistake, or irregularity in a judgment or order (see CPLR 5019 [a]; Kiker v Nassau County, 85 NY2d 879, 880-881 [1995]), it may not be employed to affect a substantial right of a party (see Herpe v Herpe, 225 NY 323, 327 [1919]; Haggerty v Market Basket Enters., Inc., 8 AD3d 618, 619 [2004]; Novak v Novak, 299 AD2d 924, 925 [2002]; Matter of Owens v Stuart, 292 AD2d 677, 678-679 [2002]).
discussed Cited as authority (rule) Claus v. Claus
N.Y. App. Div. · 2007 · confidence medium
Furthermore, the branch of the motion which was to amend the judgment of divorce was procedurally improper since amendment may only be used to correct a technical defect, mistake, or irregularity in a judgment or order (see CPLR 5019 [a]; Kiker v Nassau County, 85 NY2d 879, 881 [1995]), and it may not be employed to affect a substantial right of a party (see Herpe v Herpe, 225 NY 323, 327 [1919]; Haggerty v Market Basket Enters., Inc., 8 AD3d 618, 619 [2004]; Novak v Novak, 299 AD2d 924, 925 [2002]; Matter of Owens v Stuart, 292 AD2d 677, 678-679 [2002]).
discussed Cited as authority (rule) Rotunno v. Gruhill Construction Corp.
N.Y. App. Div. · 2006 · confidence medium
“CPLR 5019 (a) provides a court with discretion to cure mistakes, defects, and irregularities in judgments regarding ministerial matters which do not affect the substantial rights of the parties” (Haggerty v Market Basket Enters., Inc., 8 AD3d 618, 619 [2004]; see Kiker v Nassau County, 85 NY2d 879 [1995]).
discussed Cited "see, e.g." Olivo v. Trublue-Huntington Sta.
N.Y. App. Term. · 2020 · signal: see also · confidence low
CPLR 5019 (a) provides a court with discretion to cure mistakes, defects, and irregularities [*2] in judgments regarding ministerial matters which do not affect the substantial rights of the parties ( see Kiker v Nassau County , 85 NY2d 879 [1995]; see also Haggerty v Market Basket Enters., Inc. , 8 AD3d 618 [2004]; Cyriaque v Flatbush Classic Express Shipping Inc. Ltd. , 2005 NY Slip Op 51165[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2005]).
Retrieving the full opinion text from the archive…
Robert H. Haggerty
v.
Market Basket Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York.
Jun 28, 2004.
8 A.D.3d 618
Cited by 9 opinions  |  Published

In an action, inter alia, to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winick, J.), dated November 12, 2003, which denied his motion, in effect, to amend a judgment of the same court entered March 19, 1998, to substitute National Integrated Food Service Corporation for the corporate defendant Market Basket Enterprises, Inc., pursuant to CPLR 5019 (b).

Ordered that the order is affirmed, without costs or disbursements.

On March 19, 1998, a judgment in the principal sum of $36,370 was entered in favor of the plaintiff and against the defendants. However, the plaintiff subsequently moved, in effect, to amend the judgment, pursuant to CPLR 5019 (b), to substitute National Integrated Food Service Corporation for the corporate defendant Market Basket Enterprises, Inc., in order to reflect the corporate defendant’s post-judgment name change.

[*619] CPLR 5019 (a) provides a court with discretion to cure mistakes, defects, and irregularities in judgments regarding ministerial matters which do not affect the substantial rights of the parties (see Kiker v Nassau County, 85 NY2d 879 [1995]). Here, the plaintiff did not seek to correct a ministerial mistake, defect, or irregularity in the judgment, but rather sought to change the judgment with respect to a substantive matter.

CPLR 5019 (b) provides, in pertinent part, that: “[w]hen a docketed judgment or the lien thereof is affected in any way by a subsequent order or judgment or retaxation of costs, the clerk of the court in which the judgment was entered shall make an appropriate entry on the docket of the judgment.”

Contrary to the plaintiffs contention, CPLR 5019 (b) is inapplicable since the judgment at issue was not affected in any way by a subsequent order or judgment, or a retaxation of costs. As such, the Supreme Court did not err in denying the motion.

The plaintiffs remaining contentions are without merit. Prudenti, P.J., Ritter, Cozier and Skelos, JJ., concur.