The defendant questions the timeliness and the manner of making of the plaintiff's motion for a modification of my decision (CPLR 4404). The opinion, dated October 30, 1964 was filed November 4, 1964; and the period for the making of such a motion is 15 days from filing. The motion then was timely. CPLR 4405 speaks of a period "within fifteen days after decision", but that can only mean after the decision has become patent to all...
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