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ABBY VARIETIES, INC. v. COLONIAL VILL. AT HEATHCOTE, INC.

252 A.D.2d 473 (1998)

675 N.Y.S.2d 558

Abby Varieties, Inc., et al., Respondents, v. Colonial Village at Heathcote, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1998

Ordered that the judgment is affirmed, with costs.

The court properly denied the defendants' cross motion, inter alia, to dismiss the action as abandoned pursuant to 22 NYCRR 202.48, based on the plaintiffs' failure to submit a judgment for signature within 60 days of the filing of the court's decision. The record supports the Supreme Court's determination that the plaintiffs' counsel demonstrated "good cause" (22 NYCRR 202.48 [b]) for failing to timely submit...

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