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Gormel v. Prudential Insurance of America

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 829 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Monroe County, Cornelius, J.

Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.


Order unanimously reversed on the law without costs and motion denied. Memorandum: "`Resettlement' connotes the revising of the order to make it respond to the decision" (Siegel, N Y Prac § 250, at 308). "Resettlement of an order is a procedure designed solely to correct errors or omissions as to form, or for clarification. It may not be used to effect a substantive change in or to amplify the prior decision of the court" (Foley v. Roche, 68 A.D.2d 558, 566; see also, Wilcox v. County of Onondaga, 132 A.D.2d 984). Here, pursuant to defendant's motion to resettle an order in a declaratory judgment action, the court determined the method by which plaintiff must exercise his options to purchase additional life insurance. That was error. Because that issue was not litigated in the original declaratory judgment action, it was not properly determined on a motion to resettle.


Summaries of

Gormel v. Prudential Insurance of America

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 829 (N.Y. App. Div. 1990)
Case details for

Gormel v. Prudential Insurance of America

Case Details

Full title:EDWARD A. GORMEL, Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1990

Citations

167 A.D.2d 829 (N.Y. App. Div. 1990)
561 N.Y.S.2d 864

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