Thayer v. Blando

Appellate Division of the Supreme Court of New York

Thayer v. Blando

40 A.D.2d 886, 337 N.Y.S.2d 254, 1972 N.Y. App. Div. LEXIS 3568

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 1, 1972

StatusPublished

Cited by6 cases

This text of 40 A.D.2d 886 (Thayer v. Blando) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thayer v. Blando, 40 A.D.2d 886, 337 N.Y.S.2d 254, 1972 N.Y. App. Div. LEXIS 3568 (N.Y. Ct. App. 1972).

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Opinion

Appeal from an order of the Supreme Court at Special Term, entered June 18, 1971 in Albany County, which granted plaintiffs’ motion for a new trial. The order granting a new trial must be reversed. The sole ground for the granting of a new trial was that more than 60 days had elapsed from final submission to decision, and that ground is not available any longer (cf. Civ. Prac. Act, § 442; CPLR 4213; Allied Scrap & Salvage Corp. v. State of New York, 26 A D 2d 880), and while the court does not lack the power to grant a new trial (CPLR 4403), it was an improper exercise of discretion to do so. Order reversed, on the law and the facts, without costs, and trial court ■directed to render a decision within 30 days from the date of the decision herein. Herlihy, P. J., Staley, Jr,,. Sweeney, Simons and Kane, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term, entered June 18, 1971 in Albany County, which granted plaintiffs’ motion for a new trial. The order granting a new trial must be reversed. The sole ground for the granting of a new trial was that more than 60 days had elapsed from final submission to decision, and that ground is not available any longer (cf. Civ. Prac. Act, § 442; CPLR 4213; Allied Scrap & Salvage Corp. v. State of New York, 26 A D 2d 880), and while the court does not lack the power to grant a new trial (CPLR 4403), it was an improper exercise of discretion to do so. Order reversed, on the law and the facts, without costs, and trial court ■directed to render a decision within 30 days from the date of the decision herein. Herlihy, P. J., Staley, Jr,,. Sweeney, Simons and Kane, JJ., concur.

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Bluebook (online)

40 A.D.2d 886, 337 N.Y.S.2d 254, 1972 N.Y. App. Div. LEXIS 3568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thayer-v-blando-nyappdiv-1972.

Opinion

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