Opinion
May 6, 1993
Appeal from the Supreme Court, Bronx County (Lewis Friedman, J.).
We agree with the IAS Court that the failure of defendant's clerical service to advise it of the court's decision to grant its motion for summary judgment does not constitute good cause for its failure to settle an order within 60 days after the signing and filing of the decision, as required by 22 NYCRR 202.48 (see, Stanley v City of New York, 157 A.D.2d 466, lv dismissed 75 N.Y.2d 947; Feldman v New York City Tr. Auth., 171 A.D.2d 473). Perhaps such an excuse would be more compelling were the delay somewhat shorter than the 14 months that occurred here, a delay which, for all that appears, would have continued indefinitely had it not been for plaintiffs' initiative in seeking to deem defendant's motion abandoned.
Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Nardelli, JJ.