In a recent case the appellate division dismissed a divorce action, because the lawyer failed to file the proper paper work in a timely fashion. As the Court pointed out in Farkas v. Farkas, rules about time are meant to be taken seriously. Your lawyer cannot just say he or she was too busy, or there was a mistake by a paralegal. All too often litigants here the Judge say : settle judgment of divorce with findings of fact and conclusions of law within 60 days or your action will be deemed dismissed. Well guess what happened?.......continue reading
Order and judgment (one paper), Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered June 23, 2005, awarding plaintiff $750,000 with interest from August 6, 2003, reversed, on the law, without costs, the judgment vacated and the claim underlying the judgment dismissed as abandoned pursuant to 22 NYCRR 202.48(b).