Garcia v. New York City Transit Authority

—Order, Supreme Court, Bronx County (Lewis Friedman, J.), entered April 17, 1992, which granted plaintiffs’ motion to deem defendant’s prior motion for summary judgment abandoned, and denied defendant’s cross motion for leave to settle and enter an order granting it summary judgment, unanimously affirmed, without costs.

We agree with the IAS Court that the failure of defendant’s clerical service to advise it of the court’s decision to grant its motion for summary judgment does not constitute good cause for its failure to settle an order within 60 days after the signing and filing of the…