BAJE Realty Corp. v. Cutler

—Order, Supreme Court, New York County (Beverly Cohen, J.), entered April 1, 1994, which, inter alia, denied cross-appellants’ motion to dismiss the amended third-party complaint, unanimously vacated, and the matter remanded for further proceedings, without costs.

Plaintiff and third-party defendants failed to demonstrate good cause for an 11-month delay in settling the order following the court’s memorandum decision and direction to settle an order. Accordingly, the motion court improvidently exercised its discretion in signing the order more than 60 days after the direction to settle (22…