Opinion
June 8, 1999.
Appeal from the Supreme Court, New York County (James Gowan, J.).
No appeal lies from the September 27, 1996 decision directing settlement of a judgment awarding defendant interest and late charges for the common charges that fell due between June 1989 and February 1990 (CPLR 5512 [a]; Cioffi v. City of New York, 14 A.D.2d 741, lv dismissed 11 N.Y.2d 659). Plaintiff's motion to dismiss the counterclaim addressed in that decision, made a year and a half after the decision, was properly granted absent a showing by defendant of good cause for its failure to prepare a judgment for settlement within 60 days after the decision ( 22 NYCRR 202.48). While defendant obviously considered the decision inadequate, its counterclaim, which was all that remained of the action at the time of the decision, was not completely dismissed, an award of damages in some measure was contemplated, and thus defendant was clearly the prevailing party responsible for initiating settlement of the judgment directed in the decision ( see, Feldman v. New York City Tr. Auth., 171 A.D.2d 473, 474). Nor is good cause shown by plaintiff's attorney's withdrawal after issuance of the decision, where plaintiff herself contacted defendant several times to conclude the matter in accordance with the decision, but was told by defendant's attorneys, in effect, to first settle a judgment.
Concur — Williams, J.P., Wallach, Andrias and Friedman, JJ.