Blog

202.48 – settle an orderNovember 7, 2018

Solomon v Burden, 2018 NY Slip Op 07480 (2d Dept. 2018)

I have always been intrigued, interested or mystified by how the Courts have treated the 60-day rule to settle or submit an order.  This case from today adds more questions than answers to the overall calculus.  I seem to remember the same analysis applied to CPLR 3212(b) pre-Brill.

“Here, under the particular facts of this case, the interests of justice dictate that the court not be burdened with a trial where liability is certain. To hold otherwise would be contrary to the intent of 22 NYCRR 202.48 and would lead to a waste of judicial resources (see Russo v City of New York, 206 AD2d 355, 356). Accordingly, the Supreme Court providently exercised its discretion in granting that branch of the plaintiffs’ motion which was, in effect, to extend their time to submit an order of reference.”

Leave a Reply