Powell v. Mountainside Agency, Inc.

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

UCCA 1304 in substance provides that where a trial takes place before a court without a jury it must render its decision within 30 days from the time when the case was submitted for that purpose. This section has been held to be mandatory and *673the failure to render a decision within said period affords the parties the right to seek a new trial (see, Nelson v Di Lallo, 54 Misc 2d 133; Smith v Weitz, 14 Misc 2d 519). However, where a decision has been rendered prior to the application for a new trial, the parties are deemed…