Key Takeaway
Court rules on discretionary application of 60-day settlement order deadline, prioritizing judicial efficiency over strict procedural compliance in liability cases.
New York’s procedural rules establish specific timeframes for various court actions, but courts retain discretion to extend these deadlines when justice demands it. The 60-day rule under 22 NYCRR 202.48, which requires parties to settle or submit orders within that timeframe, has long been a source of debate among practitioners. Courts must balance strict adherence to procedural deadlines against the practical realities of case management and the interests of justice.
The recent decision in Solomon v Burden illustrates how courts navigate this tension, particularly when procedural technicalities might otherwise derail cases with clear liability. This approach mirrors the judicial flexibility courts have exercised in other procedural contexts, including summary judgment timing requirements where strict compliance could lead to unjust results.
Jason Tenenbaum’s Analysis:
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.”
Key Takeaway
The Second Department’s decision demonstrates that courts will prioritize judicial efficiency and the interests of justice over strict procedural compliance with the 60-day settlement rule. When liability is clear and a trial would waste judicial resources, courts retain discretion to extend deadlines for submitting orders, even when parties miss the technical requirements of 22 NYCRR 202.48.
