Key Takeaway
Court clarifies proper judgment preparation procedures under CCA 1401, emphasizing that attorneys, not court clerks, should prepare judgments except in specific circumstances.
Court clerks cannot unilaterally prepare and enter judgments in most civil cases — this responsibility belongs to the attorneys representing the parties. This fundamental procedural rule, outlined in Civil Court Act (CCA) Section 1401, ensures proper legal representation and adherence to procedural requirements throughout the litigation process.
The distinction matters significantly in practice. When clerks improperly prepare judgments without party involvement, it can lead to procedural complications that may affect the validity of the judgment itself. Additionally, parties have a right to receive proper notice when judgments are entered against them, which helps preserve their appeal rights and ability to respond appropriately.
CCA 1401 provides limited exceptions to this attorney-preparation rule, most notably in summary proceedings for recovering real property possession, where court efficiency considerations may outweigh the typical procedural safeguards. Understanding these nuances becomes particularly important when dealing with complex procedural requirements that govern civil litigation timelines and requirements.
Jason Tenenbaum’s Analysis:
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.”
Key Takeaway
Attorneys must prepare judgments in civil cases — court clerks should only do so when specifically requested by unrepresented parties or in summary real property proceedings. Proper notice of judgment entry to all parties remains mandatory regardless of who prepares the judgment.
