Justice Rudolph Greco Jr.
Roshodesh was a proprietary lessee and owner of shares of stock in three cooperative units. One was sold at a sheriff’s sale to satisfy a prior judgment by defendant for unpaid maintenance charges. The underlying action sought to set aside the sheriff’s sale. Defendant was also granted summary judgment on a counterclaim for maintenance/rent arrears on another unit for nearly $38,000 plus nearly $15,000 in interest. Roshodesh sought to modify that portion of the judgment arguing the interest calculation was erroneous and excessive. He claimed interest should have been calculated from December 2001, but the court disagreed noting plaintiff failed to make maintenance/rent payments from March 2008. Thus, it ruled defendant’s claim first existed in March 2008, hence, it was proper to calculate pre-judgment interest dating back to that date under CPLR 5001(b). Plaintiff alleged the award already contained late fees imposed by defendant, contending it was erroneous to calculate pre-judgment interest from March 2008. Yet, the court rejected such assertion stating late fees and interest are two different things, and both may be assessed on a principal outstanding sum. Therefore, plaintiff’s motion to amend the judgment was denied.
