Legal Opinion

Kessler v. Hunter

New York Supreme Court

Decided May 17, 1967PublishedCited by 2 opinions

1Opinion of the CourtJohn J. Dillon, J.

This action which is primarily for an accounting was tried before the court without a jury on Janu*966ary 30, 1967. Briefs were submitted on February 15, 1967. On May 8,1967, the Trial Judge published his opinion awarding the plaintiff judgment for $823 on the accounting and for an additional $4,500 for malicious destruction of the plaintiff’s property. A counterclaim was dismissed.

The unsuccessful defendant now moves under CPLR 4213 (subd. [c]) for a new trial on the ground that the decision was not rendered within 60 days after submission. The actual elapsed time was some 82 days. The decision…

2Cases cited5 opinions

  1. Munro v. . State of New YorkNew York Court of Appeals · 1918
  2. Matter of Dr. Bloom Dentist, Inc. v. CruiseNew York Court of Appeals · 1932
  3. Blaikie v. WagnerNew York Supreme Court · 1965
  4. Empire Crafts Corp. v. Grace China Co.New York Supreme Court · 1963
  5. Hodecker v. HodeckerAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. Murov v. CelentanoAppellate Terms of the Supreme Court of New York · 2003
  2. Powell v. Mountainside Agency, Inc.Poughkeepsie City Court · 1996

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