A written judgment must conform strictly to the court's decision, and in the event of an inconsistency between the two, the decision controls. Any such inconsistency may be corrected either by way of a motion for resettlement, pursuant to CPLR 2221, or on appeal, pursuant to CPLR 5019[a]. Here, the motion court's decision, amended to grant plaintiff's motion for summary judgment on his cause of action for breach of contract, also found that plaintiff was entitled to a money judgment for past due amounts owed. Because there is a conflict between the relief the motion court found plaintiff was entitled to in its decision, and the relief granted to plaintiff in the judgment, which made no provision for a money judgment as to plaintiff, the court's decision controls.
Schwartzbard v. Cogan, NY Slip Op 01523 (1st Dep't March 16, 2021)
