Empire Crafts Corp. v. Grace China Co.

In this action instituted by the plaintiff seeking injunctive relief as well as damages against the defendants, the defendants move for a new trial upon the grounds that the trial court did not render its decision within the statutory period and that the determination made by the court did not constitute such a decision within the purview of section 440 of the Civil Practice Act, but an opinion advisory in nature.

The parties have stipulated that the determination to be made by this court shall be controlled by the provisions of the Civil Practice Act and not by the provisions of the Civil…