Funk v. Barry

—Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: Following a bench trial, Supreme Court found in favor of plaintiff in the amount of $5,000 on his cause of action against defendants for conversion. Eleven months later, plaintiff’s attorney submitted to defendants’ attorney a proposed judgment, which defendants’ attorney rejected as untimely. Plaintiff moved for an order permitting entry of the judgment and defendants cross-moved for an order dismissing the action as abandoned pursuant to 22 NYCRR 202.48. The court…