CAPOGROSSO v. READE BROADWAYS ASSOCIATES


63 A.D.3d 414 (2009)

879 N.Y.S.2d 328

ELEANOR CAPOGROSSO, Appellant, v. READE BROADWAYS ASSOCIATES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 2, 2009.


There is no merit to plaintiff's argument that because defendant did not settle an order within 60 days of the trial court's decision, defendant's claims underlying the award of damages in the judgment should be deemed abandoned pursuant to 22 NYCRR 202.48. The directive in the decision to "[s]ettle order on notice" pertained only to so much of the decision as determined that defendant was entitled to reasonable attorneys' fees and referred defendant's claim therefor to a...

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