AROL DEV. CORP. v. GOODIE BRAND PACKING CORP.


55 A.D.2d 869 (1977)

Arol Development Corp., Respondent, v. Goodie Brand Packing Corp., Appellant

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

January 6, 1977


The attack made on the denial of that motion specifies alleged impropriety by the hearing Judge as the basis for a new trial; he therefore should not have heard the motion. Indeed, he attempted abortively to refer it elsewhere for decision, but it was returned to him and he decided it. In the circumstances, it is to be heard anew by a Judge to be assigned by the Administrative Judge. The underlying judgment of eviction (83 Misc.2d 477

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