Legal Opinion
Chang v. Botsacos
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2012PublishedCited by 5 opinions
1Opinion of the Court
Defendant failed to preserve her arguments that entry of the judgment was untimely pursuant to 22 NYCRR 202.48 (a) (see McCue v McCue, 225 AD2d 975, 976 [1996]), and that plaintiff abandoned the action pursuant to 22 NYCRR 202.48 (b) (see Meldrim v Hill, 260 AD2d 836, 839 [1999]). Were we to reach these arguments, we would find that the 60-day time limit in 22 NYCRR 202.48 (a) “applies only where the court explicitly directs that the proposed judgment or order be settled or submitted for signature” (Funk v Barry, 89 NY2d 364, 365 [1996]). Here, there was no such explicit direction (see…
2Cases cited5 opinions
- Funk v. BarryNew York Court of Appeals · 1996
- McCue v. McCueAppellate Division of the Supreme Court of the State of New York · 1996
- Tepper v.TannenbaumAppellate Division of the Supreme Court of the State of New York · 1978
- Tepper v. TannenbaumNew York Supreme Court · 1976
- Meldrim v. HillAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- Shamshovich v. ShvartsmanAppellate Division of the Supreme Court of the State of New York · 2013
- Hernandez v. Ten Ten Co.Appellate Division of the Supreme Court of the State of New York · 2013
- MIDFIRST BANK v. BELLINGER, ANDREW J.Appellate Division of the Supreme Court of the State of New York · 2014
- Hernandez v. Ten Ten Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Shamshovich v. ShvartsmanAppellate Division of the Supreme Court of the State of New York · 2013