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THAYER v. BLANDO

40 A.D.2d 886 (1972)

Christopher J. Thayer et al., Respondents, v. Thomas R. Blando et al., as Trustees of N. Y. S. Teamsters Council Welfare Trust Fund, Appellants

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

November 1, 1972

The order granting a new trial must be reversed. The sole ground for the granting of a new trial was that more than 60 days had elapsed from final submission to decision, and that ground is not available any longer (cf. Civ. Prac. Act, § 442; CPLR 4213; Allied Scrap & Salvage Corp. v. State of New York, 26 A.D.2d 880), and while the court does not lack the power to grant a new trial (CPLR 4403), it was an improper exercise...

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