Laverne, Inc. v. Littell

Plaintiff appeals from an order denying its motion pursuant to section 442 of the Civil Practice Act for a new trial on the ground that the Trial Justice, who heard the case without a jury, failed to render a decision within 60 days after adjournment of the term in which the issues were tried.

The action was for breach of contract, and, upon the trial, a counterclaim was interposed. So far as the record reveals, the ease was not a complicated one, and, at most, required three actual trial days. The issues were submitted on February 19, 1959. Some nine months later, no decision having been…