| Chang v Botsacos |
| 2012 NY Slip Op 01501 [92 AD3d 610] |
| February 28, 2012 |
| Appellate Division, First Department |
| Janet Chang, Respondent, v Laraine Botsacos,Appellant. |
—[*1] Daniel R. Wotman & Associates, PLLC, Great Neck (Daniel R. Wotman of counsel), forrespondent.
Judgment, Supreme Court, New York County (Louise Gruner Gans, J.), entered August 10,2010, after a jury trial, awarding plaintiff the total amount of $8,708,490, unanimously affirmed,without costs.
Defendant failed to preserve her arguments that entry of the judgment was untimely pursuantto 22 NYCRR 202.48 (a) (see McCue v McCue, 225 AD2d 975, 976 [1996]), and thatplaintiff abandoned the action pursuant to 22 NYCRR 202.48 (b) (see Meldrim v Hill,260 AD2d 836, 839 [1999]). Were we to reach these arguments, we would find that the 60-daytime limit in 22 NYCRR 202.48 (a) "applies only where the court explicitly directs that theproposed judgment or order be settled or submitted for signature" (Funk v Barry, 89NY2d 364, 365 [1996]). Here, there was no such explicit direction (see Meldrim at 839;McCue at 976-977).
Defendant Thomas Cartelli was deposed before trial but had died by the time of trial.Contrary to defendant's contention, plaintiff's reading of Cartelli's deposition testimony at thetrial did not violate the Dead Man's Statute (CPLR 4519; see Tepper v Tannenbaum, 87Misc 2d 829, 838 [1976], revd on other grounds 65 AD2d 359 [1978]; CPLR 3117 [a][3] [i]). Concur—Mazzarelli, J.P., Andrias, Catterson, Abdus-Salaam andManzanet-Daniels, JJ.