Brusco v. Braun, 199 A.D.2d 27 (1993)

Citation: Brusco v. Braun, 199 A.D.2d 27 (1993)
Parent Document: Brusco v. Braun, 199 A.D.2d 27 (1993)
Jurisdiction: New York (state)
Effective Date: 1993-12-07
Original Source: https://www.courtlistener.com/opinion/6103695/brusco-v-braun/ ↗

Full Text

814 chars

In Matter of Park Holding Co. v Arber (supra), much was made of the Legislature’s employment of the language "the judge shall render judgment in favor of the petitioner” (RPAPL 732 [3]). The court opined (supra, at 43), without citation of authority, that the term "render” denotes "not a mere ministerial act” but "a judicial process which should be performed in accordance with CPLR 3215 (b)”, which sets forth the procedure for entry of a default judgment before the court. The opinion concludes, "Had the Legislature intended that final judgments of possession on default be granted without inquest by a mere ministerial act, it could have specified that such judgments could be granted and entered by the clerk and that application to a Judge for the rendering of a judgment was not necessary” (supra, at 43).

Other Sections in This Document (33)

Full Text