Practice point: 22 NYCRR 202.48, "Submission of orders, judgments and decrees for signature," states, in pertinent part, as follows:
:"(a) Proposed orders or judgments, with proof of
service on all parties where the order is directed to be settled or
submitted on notice, must be submitted for signature, unless otherwise
directed by the court, within 60 days after the signing and filing of
the decision directing that the order be settled or submitted.
"(b) Failure to submit the order or judgment timely
shall be deemed an abandonment of the motion or action, unless for good
cause shown."
Here, the Supreme Court's direction that the defendants
submit a proposed order with respect to an award of an attorney's fee
did not specify that the order be settled or submitted on
notice. Therefore, the plaintiff's contention that the defendants
abandoned their claim for an award of the fee by failing to
comply with the 60-day rule is unavailing.
Student note: In determining reasonable compensation for an attorney, the court
must consider such factors as the time, effort, and skill required; the
difficulty of the questions presented; counsel's experience, ability,
and reputation; the fee customarily charged in the locality; and the
contingency or certainty of compensation.
Case: 47 Thames Realty, LLC v. Robinson, NY Slip Op 06051 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Denial of a motion to file a late notice of claim.
