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/ ↗

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It has long been held that "to render judgment” is a judicial act, while "to enter [judgment]” is a ministerial one. (Evarts v Kiehl, 102 NY 296, 297.) The use of the words "render judgment” in the statute here applicable indicates that the statute contemplated something more than a merely ministe*36rial act which might be performed by a clerk. I do not believe that these are purely “semantical” distinctions. Even more fundamental to the proper construction of the statute is the absence of any direction that judgment be rendered “summarily”, or words of like effect. Setting the matter down for inquest is consistent with the process of rendering judgment, where the Legislature has not seen fit to direct that judgment issue forthwith.

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