Legal Question in Family Law in New York

adandonment of action
When there is a directive to ''settle judgment on notice'', must the prevailing party submit within 60 days for signature a proposed judgment, notice of settlement and notice of entry with proof of service upon all parties? And if there is no proof of service of the proposed judgment, notice of settlement or notice of entry (signaling that there was no service upon the other party) can the judgment be considered abandoned?

Asked on 11/02/03, 2:02 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: adandonment of action

This is a complex issue of civil procedure.

Your analysis is correct, but only up to a point.

A court will re-issue the judgment on petition by a party for almost any reason, including ignorance of the court's procedures.

If the court deeemed the matter ended, that court will try to keep it closed.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

Answered on 11/03/03, 1:06 pm

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