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

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 21, 1967

StatusPublished

Cited by2 cases

This text of 54 Misc. 2d 133 (Nelson v. Di Lallo) 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

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

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