You are here: / / AN ORDER IS NOT ABANDONDED PURSUANT TO 22 NYCRR 202.48 UNLESS THE ORDER...
,

AN ORDER IS NOT ABANDONDED PURSUANT TO 22 NYCRR 202.48 UNLESS THE ORDER DIRECTS THAT IT BE SETTLED OR SUBMITTED FOR SIGNATURE.

The Second Department, reversing Supreme Court, determined dismissal of a motion to enter a default judgment as abandoned pursuant to 22 NYCTT 202.48(b) was improper because the underlying order did not direct that it be settled or submitted for signature:

The Supreme Court incorrectly, sua sponte, dismissed the action as abandoned pursuant to 22 NYCRR 202.48(b) because … its determination of the plaintiff’s 2014 motion did not expressly direct that the proposed judgment or order be settled or submitted for signature (see 22 NYCRR 202.48[a]; Funk v Barry, 89 NY2d 364, 367). HSBC Bank USA, N.A. v Moley, 2016 NY Slip Op 08844, 2nd Dept 12-28-16

CIVIL PROCEDURE (AN ORDER IS NOT ABANDONDED PURSUANT TO 22 NYCRR 202.48 UNLESS THE ORDER DIRECTS THAT IT BE SETTLED OR SUBMITTED FOR SIGNATURE)/ABANDONMENT (CIVIL PROCEDURE, ORDERS AND JUDGMENTS, AN ORDER IS NOT ABANDONDED PURSUANT TO 22 NYCRR 202.48 UNLESS THE ORDER DIRECTS THAT IT BE SETTLED OR SUBMITTED FOR SIGNATURE)/ORDERS (ABANDONMENT, (AN ORDER IS NOT ABANDONDED PURSUANT TO 22 NYCRR 202.48 UNLESS THE ORDER DIRECTS THAT IT BE SETTLED OR SUBMITTED FOR SIGNATURE)

You might also like
DEFENDANT STRUCK THE REAR OF PLAINTIFF’S STOPPED VEHICLE; DEFENDANT’S CLAIM THAT HIS FOOT SLIPPED OFF THE BRAKE PEDAL DID NOT PRESENT A NONEGLIGENT EXPLANATION OR TRIGGER THE EMERGENCY DOCTRINE (SECOND DEPT).
Statement About Gang Affiliation Should Have Been Suppressed—Not Merely “Pedigree” Information
THE ASSAULT ON PLAINTIFF STUDENT BY ANOTHER STUDENT HAPPENED IN SO SHORT A TIME IT COULD NOT HAVE BEEN PREVENTED BY SCHOOL PERSONNEL; THE SCHOOL DISTRICT’S MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (SECOND DEPT).
Allegations Supported the Existence of an “Implied Physician-Patient Relationship” Giving Rise to a Duty Owed to Plaintiff by the On-Call Surgeon—The On-Call Surgeon Was Notified of Plaintiff’s Facial Lacerations But Told Hospital Personnel (by Phone) His Services Were Not Required to Treat the Plaintiff—Plaintiff Alleged Suturing by a Physician’s Assistant Resulted in Excess Pain and Scarring
WIFE NOT ENTITLED TO INTEREST ON A LATE LUMP SUM PAYMENT, HUSBAND NOT ENTITLED TO RECOUP OVERPAYMENT OF MAINTENANCE (SECOND DEPT).
COURTS OF EQUITY HAVE BROAD POWERS TO ACT IN THE INTEREST OF JUSTICE, FORECLOSURE IS EQUITABLE IN NATURE, MOTION TO VACATE DEFAULT SHOULD HAVE BEEN GRANTED.
ALTHOUGH THE REAL ESTATE PURCHASE AGREEMENT ALLOWED THE SELLER TO CANCEL THE CONTRACT IF SELLER COULD NOT CONVEY TITLE, THAT PROVISION REQUIRES THE SELLER TO ACT IN GOOD FAITH; THE COMPLAINT ALLEGED THE SELLER FALSELY CLAIMED TO BE THE SOLE OWNER OF THE PROPERTY WHEN IN FACT SHE OWNED 50%; THE SELLER’S MOTION TO DISMISS THE COMPLAINT SEEKING SPECIFIC PERFORMANCE SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT). ​
DEFENDANT WAS NOT AFFORDED EFFECTIVE COUNSEL AT THE SORA RISK LEVEL HEARING, COUNSEL DID NOT ADVOCATE FOR HIM AND DID NOT UNDERSTAND DOWNWARD DEPARTURE WAS AVAILABLE, NEW HEARING ORDERED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

ALTHOUGH THE HOSPITAL WAS NOT LIABLE IN ORDINARY NEGLIGENCE FOR RELEASING PLAINTIFF... DEFENDANTS’ SUMMARY JUDGMENT MOTION WAS PREMATURE, PLAINTIFF ENTITLED...