Nelson v. Di Lallo

Appellate Terms of the Supreme Court of New York

Nelson v. Di Lallo

54 Misc. 2d 133, 281 N.Y.S.2d 648, 1967 N.Y. Misc. LEXIS 1444

Appellate Terms of the Supreme Court of New York·Decided June 21, 1967·Published·Cited by 2 cases

Opinion

Per Curiam.

The amount sought in the complaint was within the monetary jurisdiction of the City Court of Bye (O’Farrell v. Martin, 161 Mise. 353). However, in the absence of any showing of consent of the parties, the court was without jurisdiction to render decision herein after 30 days from the time when the case was submitted (HCCA, § 1304), and the judgment entered thereon was a nullity (cf. Patrzykowski v. Mursten, 250 App. Div. 355; Smith v. Weitz, 14 Misc 2d 519).

The judgment should be unanimously reversed, without costs, and a new trial ordered.

Concur — Martuscello, Groat and Coyle, JJ.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The amount sought in the complaint was within the monetary jurisdiction of the City Court of Bye (O’Farrell v. Martin, 161 Mise. 353). However, in the absence of any showing of consent of the parties, the court was without jurisdiction to render decision herein after 30 days from the time when the case was submitted (HCCA, § 1304), and the judgment entered thereon was a nullity (cf. Patrzykowski v. Mursten, 250 App. Div. 355; Smith v. Weitz, 14 Misc 2d 519).

The judgment should be unanimously reversed, without costs, and a new trial ordered.

Concur — Martuscello, Groat and Coyle, JJ.

Judgment reversed, etc.

Nelson v. Di Lallo, 54 Misc. 2d 133, 281 N.Y.S.2d 648, 1967 N.Y. Misc. LEXIS 1444 (N.Y. Ct. App. 1967).

Pincite

54 Misc. 2d 133 (Nelson v. Di Lallo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related