WARE v. PHIPPS


3 A.D.2d 927 (1957)

Edna E. Ware, as Executrix of Ralph Ware, Deceased, Respondent, v. Coralie E. Phipps, Appellant

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

May 6, 1957


Judgment reversed and a new trial ordered, with costs to abide the event.

The trial was held and completed on February 25, 1955. At the end of the trial, counsel waived the application of the statutory provisions with respect to the time within which the court was required to render its decision. At that time section 191 of the Mount Vernon City Charter provided that in all cases tried before the City Judge, without a jury, he should render his decision in writing...

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