Pjetri v. New York City Health & Hospitals Corp.

169 A.D.2d 100, 571 N.Y.S.2d 934, 1991 N.Y. App. Div. LEXIS 8581
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 20, 1991
StatusPublished
Cited by19 cases

This text of 169 A.D.2d 100 (Pjetri v. New York City Health & Hospitals Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pjetri v. New York City Health & Hospitals Corp., 169 A.D.2d 100, 571 N.Y.S.2d 934, 1991 N.Y. App. Div. LEXIS 8581 (N.Y. Ct. App. 1991).

Opinions

OPINION OF THE COURT

Murphy, P. J.

Djon Pjetri, a 24-year-old man otherwise in good health, was admitted to North Central Bronx Hospital for the repair of a fractured leg. He left the hospital with profound brain damage, his intellectual capacity reduced to that of a young child. During the operation to set his broken bones an endotracheal tube had been misplaced causing the oxygen flow to his brain [102]*102to become seriously diminished. Deprived in this manner of sufficient oxygen, Mr. Pjetri sustained devastating and permanent neurological injuries.

In the medical malpractice action subsequently commenced by Mr. Pjetri and his wife Zoja against the New York City Health and Hospitals Corporation, negligence was conceded, leaving only the issue of damages for the jury’s determination. In May 1987, the jury returned a verdict for the Pjetris, awarding Djon Pjetri a total of $24,517,517—$20,000,000 of which was for pain and suffering—and Zoja Pjetri $3,000,000 on her derivative claim. The amount of the verdict was eventually reduced in the context of posttrial motion practice; Djon Pjetri stipulated to a reduction in his pain and suffering award to $2,500,000 and Zoja Pjetri stipulated to a reduction in her award to $1,000,000, which amount was subsequently modified upward by the trial court to $1,500,000. The final judgment was entered on March 28, 1988. Pursuant to that judgment, Djon Pjetri was to recover a total of $7,017,578 plus interest in the amount of $554,388.66, and Zoja Pjetri was to recover $1,500,000 plus interest in the amount of $118,500. As ought to have been clear from the face of the judgment the interest component of the award, which came to the considerable sum of $672,886.66, was accurately computed at a rate of 9% per annum.

By notice of appeal dated April 4, 1988, the Health and Hospitals Corporation appealed "from each and every part of said Judgment * * * as well as the whole thereof.” This court, however, unanimously affirmed the judgment in May of 1989. Two motions by the Health and Hospitals Corporation for leave to appeal to the Court of Appeals followed. The first of these was denied by this court in August 1989 and the second, addressed to the Court of Appeals, was denied by that court in November 1989.

It was at this juncture, some 20 months after the judgment had been entered and after the appellate process had run its course, that counsel for the Health and Hospitals Corporation first discovered that the judgment assessed interest on the verdict at a rate of 9% per annum. Counsel was of the view that the proper rate was 3% since subdivision (5) of section 7401 of McKinney’s Unconsolidated Laws of NY (New York City Health and Hospitals Corporation Act § 20 [5] [L 1969, ch 1016, § 1, as amended]) provided that "the rate of interest to be paid by the corporation upon any judgment or accrued [103]*103claim against the corporation shall not exceed three per centum per annum.”

Some six months after the discovery of this alleged error, the Health and Hospitals Corporation moved to amend the still unsatisfied judgment, inviting the trial court to exercise its "broad statutory and inherent power” to correct what counsel characterized as an error in computation. In a well-reasoned decision the trial court declined this invitation (147 Mise 2d 636). The court first expressed the view that CPLR 5004, providing for a uniform 9% rate of interest, had superseded the earlier enacted statute upon which the Health and Hospitals Corporation relied. The court then went on to state that, even if the wrong rate had been applied, the question of which rate was applicable was a question of law which should have been raised by motion when the judgment was first entered or on the appeal from the judgment. The issue not having been raised at the appropriate time, its consideration was precluded.

The Health and Hospitals Corporation has now appealed the denial of its motion to amend the judgment. In its appellate presentation it reiterates its contention that an error of a computational sort was made and that it was within the power of the trial court to correct such an error, even after the judgment said to contain the error had been aifirmed on appeal and the appellate process exhausted.

It is, of course, true that a court possesses statutory (see, CPLR 5015) and inherent (see, Ladd v Stevenson, 112 NY 325) power to grant relief from a judgment. The power, however, is not plenary (Matter of McKenna v County of Nassau, 61 NY2d 739; 5 Weinstein-Korn-Miller, NY Civ Prac ¶ 5015.12) and is not appropriately exercised when the relief sought might have been obtained through appeal but was never requested of the reviewing court (see, Matter of McKenna v County of Nassau, supra). There can be no dispute that postjudgment motion practice cannot be permitted to displace and undermine the accepted process by which judgments are reviewed on appeal. The utility of judgments as final determinations of the rights and obligations of the parties would be fatally impaired were a court’s discretion to grant relief from a judgment not carefully limited. Accordingly, once the appellate process has been concluded, alleged errors of law which could have been reviewed but were not, may not be addressed except insofar as the grounds for relief set forth in CPLR 5015 are present, or there has been some other compelling circumstance justifying [104]*104a court’s resort to its inherent power. This, in any case, was the clear holding of the Court of Appeals in McKenna (supra) where, as here, an error was alleged in the applicable rate of interest. The court stated: "The errors alleged * * * on the motion to vacate the prior judgment do not constitute grounds for relief under CPLR 5015. Special Term abused its discretion in reopening its judgment to correct a perceived error of law that could have been raised on the prior appeals to the Appellate Division and to this court. A court’s inherent power to exercise control over its judgment is not plenary, and should be resorted to only to relieve a party 'from judgments taken through [fraud,] "mistake, inadvertence, surprise or excusable neglect” ’ (Ladd v Stevenson, 112 NY 325, 332)” (Matter of McKenna v County of Nassau, supra, at 741-742).

Implicitly conceding what is in any case obvious—that an issue of law which could have been reviewed on an appeal from a judgment may not be litigated once the appeals process is at an end, and that none of the circumstances set forth in CPLR 5015 which might warrant an exception to this fundamental rule are present—the Health and Hospitals Corporation urges that the supposed error was a "clerical” or "computational” error not affecting a substantial right, which it was within the trial court’s power, to correct pursuant to CPLR 5019 (a). The claim, however, constitutes a rather blatant mischaracterization of the alleged error. Indeed, there was no miscomputation by the court clerk; as noted, the interest was accurately computed by the clerk at a rate of 9%, the rate which the clerk, relying on CPLR 5004, thought applicable. Rather, the error, if any, was in the determination embedded in the judgment that the rate set forth in CPLR 5004 was the rate to which the plaintiffs were entitled.

The right to recover interest upon a judgment at a particular statutory rate, as opposed to a bare claim of entitlement to benefit from the perpetuation of clear arithmetic error, is undoubtedly a substantial right.

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Bluebook (online)
169 A.D.2d 100, 571 N.Y.S.2d 934, 1991 N.Y. App. Div. LEXIS 8581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pjetri-v-new-york-city-health-hospitals-corp-nyappdiv-1991.