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Jamgochian v. Chankalian

127 N.Y.S. 1019 Court N.Y. App. Term Decision date 1911-03-13 English

Delivered by PAGE, J.

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p. 1019
JAMGOCHIAN V. CHANKALIAN.
(Supreme Court, Appellate Term.
March 13, 1911.)

Headnote

Courts (§ 189*)—Municipal Courts—New Trial.
Under Municipal Court Act (Laws 1902, c. 580) § 230, as amended by Laws 1910, c. 401, providing that decisions on motions shall be rendered within 14 days after they are submitted, unless further time is given by consent, where a motion for new trial was submitted July 19, 1910, and the motion was granted October 11, 1910, and the record shows no extension of time, the justice lost jurisdiction, and the order is void.
[Ed. Note.—For other cases, see Courts, Dec. Dig. § 189.*]
Appeal from Municipal Court, Borough of Manhattan, Fourth District.
Action by Jack Jamgochian against Peter Chankalian. There was a judgment for defendant, and plaintiff moved for a new trial. The motion was granted, and defendant appeals.
Reversed.
Argued before SEABURY, PAGE, and BIJUR, JJ.
Samuel L. Weyl, for appellant.
Charles L. Cole, for respondent.

The motion was submitted July 19, 1910. The decision was not handed down till October 11, 1910. Under the provisions of section 230, Municipal Court Act (Laws 1902, c. 580), as amended to take effect September 1, 1910 (Laws 1910, c. 401), the justice had but 14 days from the latter date in which to render a decision unless an extension of time as therein provided was given. The record contains no such extension. The provisions of section 230 as amended are applicable to this motion (Lazarus v. M. E. R. R. Co., 145 N. Y. 581 , 40 N. E. 240 ), and the justice, having failed to act within the required time, lost jurisdiction (Van Valis v. Charcona, 40 Misc. Rep. 226 , 81 N. Y. Supp. 630 ). The order appealed from is therefore void. An examination of the record also discloses that upon the merits the application should not have been granted.

The order appealed from is reversed, and the judgment reinstated, with costs to appellant. All concur.

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