Legal Question in Landlord & Tenant Law in New York

Mistake in calculation signed by judge/clerk

My roommate and I went to court recently and signed a stipulation in the presence of the court attorney along with our landlord's lawyer stating that we owed a sum of $X, which we then paid. I believe the judge signed it as well. Apparently, the landlord and his lawyer now claim that they made a miscalculation and we still owe $Y. It is possible, but I find this unlikely. Aren't they at fault for not keeping proper records?

Can they rightfully claim that we owe this money, and are we obligated to pay it? The difference is a full month's rent. Will we need to go back to court over this?


Asked on 11/03/04, 1:29 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Mistake in calculation signed by judge/clerk

The question comes down to whether the stipulation was in settlement of a claim or whether it was partial payment on what was arrears owed in a separate lease. I would need to review the pertinent papers in order to give you a specific answer as to your rights and obligations.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 11/03/04, 3:57 pm


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