Thayer v. Blando

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

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.