POWELL v. MOUNTAINSIDE AGENCY


173 Misc.2d 672 (1997)

663 N.Y.S.2d 463

Thomas Powell, Appellant, v. Mountainside Agency, Inc., Respondent.

Supreme Court, Appellate Term, Second Department.

May 8, 1997


Attorney(s) appearing for the Case

Thomas P. Halley, Poughkeepsie, for appellant.

DiPAOLA, P. J., COLLINS and INGRASSIA, JJ., concur.


MEMORANDUM.

Order unanimously affirmed without costs.

UCCA 1304 in substance provides that where a trial takes place before a court without a jury it must render its decision within 30 days from the time when the case was submitted for that purpose. This section has been held to be mandatory and the failure to render a decision within said period affords the parties the right to seek a new trial (see,

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