CARLOVICH v. CARLOVICH


2 A.D.2d 974 (1956)

Helen Carlovich, Respondent, v. Frank Carlovich, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 3, 1956


Order reversed, without costs, and motion denied, without costs.

In the absence of anything to the contrary in the record before us we assume that the jury was discharged immediately following the granting of the motion to dismiss. Since more than 15 days had elapsed after the jury had been discharged, the court no longer had jurisdiction to set aside the dismissal of the complaint and to grant a new trial (Civ. Prac. Act, § 549; Rules Civ. Prac., rule 60-a)...

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