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 the 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 to have waived their right to such relief (see, Murch v Marelli, NYLJ, May 31, 1990, at 29, col 5 [App Term, 9th & 10th Jud Dists]; see also, Empire Crafts Corp. v Grace China Co., 40 Misc 2d 957, affd 20 AD2d 851).

DiPaola, P. J., Collins and Ingrassia, JJ., concur.