Midwest Financial Acceptance Corp. v. Gonsenhauser

267 A.D.2d 983, 700 N.Y.S.2d 887, 1999 N.Y. App. Div. LEXIS 13713

Opinion

—Order unanimously reversed on the law without costs and motions granted. Memorandum: Supreme Court erred in denying plaintiffs motions to amend the judgment of foreclosure and sale nunc pro tunc to grant a deficiency judgment, which had been inadvertently omitted. Mark J. Gonsenhauser (defendant) had notice of plaintiffs application for a deficiency judgment and stipulated that such judgment be granted. Therefore, no prejudice to defendant could be shown (see, Pines at Setauket v Retirement Mgt. Group, 246 AD2d 528, 530; Poughkeepsie Sav. Bank v Maplewood Land Dev. Co., 210 AD2d 606, 608). (Appeal from Order of Supreme Court, Monroe County, Bergin, J. — Amend Judgment.) Present— Green, J. P., Lawton, Wisner, Scudder and Balio, JJ.