Lebowitz v. Herman

Appellate Terms of the Supreme Court of New York

Lebowitz v. Herman

108 N.Y.S. 566

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 7, 1908

StatusPublished

This text of 108 N.Y.S. 566 (Lebowitz v. Herman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lebowitz v. Herman, 108 N.Y.S. 566 (N.Y. Ct. App. 1908).

Pincite

Opinion

SEABURY, J.

There is but one question requiring consideration upon this appeal. The case was tried by the court without a jury on October 15, 1907. The time to file the briefs was extended to October 22, 1907, and the case was decided on November 8, 1907. The time within which judgment could be rendered was not extended by stipulation. Under section 230 of the Municipal Court act (Laws 1902, p. 1557, c. 580) the court was required to fender judgment “within fourteen days from the time the same was submitted for that purpose.” The court, having held the case for a time longer than that allowed by law, ousted itself of jurisdiction.

The judgment appealed from is reversed, with costs to the appellant. All concur.

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SEABURY, J.

There is but one question requiring consideration upon this appeal. The case was tried by the court without a jury on October 15, 1907. The time to file the briefs was extended to October 22, 1907, and the case was decided on November 8, 1907. The time within which judgment could be rendered was not extended by stipulation. Under section 230 of the Municipal Court act (Laws 1902, p. 1557, c. 580) the court was required to fender judgment “within fourteen days from the time the same was submitted for that purpose.” The court, having held the case for a time longer than that allowed by law, ousted itself of jurisdiction.

The judgment appealed from is reversed, with costs to the appellant. All concur.

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Bluebook (online)

108 N.Y.S. 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lebowitz-v-herman-nyappterm-1908.