Majority
p. 672[663 NYS2d 463] Thomas Powell, Appellant, v Mountainside Agency, Inc., Respondent. Supreme Court, Appellate Term, Second Department, May 8, 1997
APPEARANCES OF COUNSEL
Thomas P. Halley, Poughkeepsie, for appellant.
OPINION OF THE COURT
Memorandum.
Order unanimously affirmed without costs.
UCCA 1304 in substance provides that where a trial takes place before a court without a jury it must render its decision within 30 days from the time when the case was submitted for that purpose. This section has been held to be mandatory and
p. 673
the failure to render a decision within said period affords the parties the right to seek a new trial (see, Nelson v Di Lallo, 54 Misc 2d 133 ; Smith v Weitz, 14 Misc 2d 519 ). However, where a decision has been rendered prior to the application for a new trial, the parties are deemed to have waived their right to such relief (see, Murch v Marelli, NYLJ, May 31, 1990, at 29, col 5 [App Term, 9th & 10th Jud Dists]; see also, Empire Crafts Corp. v Grace China Co., 40 Misc 2d 957 , affd 20 AD2d 851 ).
DiPaola, P. J., Collins and Ingrassia, JJ., concur.
Cases cited
- Nelson v. Di Lallo 54 Misc 2d 133 p. 673
- Smith v. Weitz 14 Misc 2d 519 p. 673
- Empire Crafts Corp. v. Grace China Co. 40 Misc 2d 957 p. 673