Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

February 12, 2009

New York's Highest Court Reverses Ruling that Imposed Forfeiture of $750,000 for Failure to Timely Submit a Judgment.

Rule 202.48 of the Uniform Rules for the New York State Trial Courts requires the winner of a decision containing a directive to "submit" or "settle" the order or judgment to so act within sixty days. Under the Rule, failure to timely submit under such circumstances and without "good cause," constitutes an abandonment of the judgment.

In a widely publicized 2007 decision in Farkas v. Farkas, which involved a contentious matrimonial matter, the First Department held that a $750,000 award must be forfeited because the plaintiff failed to timely submit a judgment under Rule 202.48.

The Court of Appeals granted leave to appeal and recently issued its decision. New York's Highest Court overturned the First Department's decision on the basis that that an earlier decision of the trial court authorized the award "without further order." In the eyes of the Court of Appeals, this language made the settlement process set forth in the Rule unnecessary.

To avoid the potential forfeiture of an award and favorable decision, the safer practice is to ensure that proposed orders are submitted with in the 60 day time period set forth in Rule 202.48.

If you require further information regarding the information presented in this Legal Alert and its impact on your organization, please contact any of the members of the Practice Area.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Subscribe

Sign up to receive our latest news via email

Practice Areas

Featured Industries

New & Emerging Industry Practice Areas

Other

View our Privacy Policy

Featured Media

Alerts

NYS Office of Renewable Energy Siting Proposes New Rules Implementing the Major Renewable Energy Development Program

Alerts

Strict New Criteria for Community Medicaid Program Takes Effect October 1

Alerts

FERC Formalizes Its Practice That States Have a Full Year to Act on Section 401 Certification Requests for Natural Gas Act Infrastructure Projects

Alerts

Have You Received an "Urgent Notice" About Your Trademark?

Alerts

COVID-19: Anticipated RESTAURANTS Act of 2020 Will Establish a $120 Billion Fund for Assistance

Alerts

Post-ARRA COBRA Litigation May Signal COBRA Lawsuits to Come

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out