Opinion
2012-02-28
Janet CHANG, etc., Plaintiff–Respondent, v. Laraine BOTSACOS, etc., Defendant–Appellant.
Maroney O'Connor LLP, New York (Ross T. Herman of counsel), for appellant. Daniel R. Wotman & Associates, PLLC, Great Neck (Daniel R. Wotman of counsel), for respondent.
Maroney O'Connor LLP, New York (Ross T. Herman of counsel), for appellant. Daniel R. Wotman & Associates, PLLC, Great Neck (Daniel R. Wotman of counsel), for respondent.
MAZZARELLI, J.P., ANDRIAS, CATTERSON, ABDUS–SALAAM, MANZANET–DANIELS, JJ.
Judgment, Supreme Court, New York County (Louise Gruner Gans, J.), entered August 10, 2010, after a jury trial, awarding plaintiff the total amount of $8,708,490, unanimously affirmed, without costs.
Defendant failed to preserve her arguments that entry of the judgment was untimely pursuant to 22 NYCRR 202.48(a) ( see McCue v. McCue, 225 A.D.2d 975, 976, 639 N.Y.S.2d 551 [1996] ), and that plaintiff abandoned the action pursuant to 22 NYCRR 202.48(b) ( see Meldrim v. Hill, 260 A.D.2d 836, 839, 688 N.Y.S.2d 741 [1999] ). Were we to reach these arguments, we would find that the 60–day time limit in 22 NYCRR 202.48(a) “applies only where the court explicitly directs that the proposed judgment or order be settled or submitted for signature” ( Funk v. Barry, 89 N.Y.2d 364, 365, 653 N.Y.S.2d 247, 675 N.E.2d 1199 [1996] ). Here, there was no such explicit direction ( see Meldrim at 839, 688 N.Y.S.2d 741; McCue at 976–977, 639 N.Y.S.2d 551).
Defendant Thomas Cartelli was deposed before trial but had died by the time of trial. Contrary to defendant's contention, plaintiff's reading of Cartelli's deposition testimony at the trial did not violate the Dead Man's Statute (CPLR 4519; see Tepper v. Tannenbaum, 87 Misc.2d 829, 838, 386 N.Y.S.2d 936 [1976], revd. on other grounds 65 A.D.2d 359, 411 N.Y.S.2d 588 [1978]; CPLR 3117[a][3][i] ).