NELSON v. DI LALLO

Full title: ROBERT E. NELSON et al., Respondents, v. DOMINICK DI LALLO, JR., Appellant

Court: Supreme Court, Appellate Term, Second Department

Date published: Jun 21, 1967

54 Misc. 2d 133 (N.Y. App. Term 1967)

281 N.Y.S.2d 648

Opinion

June 21, 1967

Appeal from the City Court of Rye, JAMES K. WALL, J.

Anthony F. Vitetta and Peter D. Mosher for appellant.

Frank J. Dufficy for respondents.

Per Curiam.

The amount sought in the complaint was within the monetary jurisdiction of the City Court of Rye ( O'Farrell v. Martin, 161 Misc. 353). However, in the absence of any showing of consent of the parties, the court was without jurisdiction to render decision herein after 30 days from the time when the case was submitted (UCCA, § 1304), and the judgment entered thereon was a nullity (cf. Patrzykowski v. Mursten, 250 App. Div. 355; Smith v. Weitz, 14 Misc.2d 519).

The judgment should be unanimously reversed, without costs, and a new trial ordered.

Concur — MARTUSCELLO, GROAT and COYLE, JJ.

Judgment reversed, etc.