CCA 1401 – againAugust 18, 2011

W.H.O. Acupuncture, P.C. v Geico Indem. Co., 2011 NY Slip Op 51530(U)(App. Term 2d Dept. 2011).

Article 78?

“We incidentally note that the judgment in this case was improperly prepared and entered by the clerk on his own initiative and that no notice of the entry of the judgment was provided to the parties. Pursuant to CCA 1401, a judgment shall be prepared by a party’s attorney and should be prepared by the clerk only upon the request of an unrepresented party, except in the case of a summary proceeding to recover possession of real property.”

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