Sobel v. Counes

The defendant makes this motion for a new trial in an action to foreclose a mechanic’s lien, upon *423the ground that no decision was filed within twenty days after the final adjournment of the term where the issue was tried, as required by section 1010 of the Code of Civil Procedure, which provides as follows: “Upon a trial, by the court, of an .issue of fact or of law, its decision, in writing, must be filed, in the clerk’s office, within twenty days after the final •adjournment of the term, where the issue was tried. If it is not so filed, either party may move, at a special term, for a new…