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Appellate Terms of the Supreme Court of New York, 1960

Beary v. Nagel

Beary v. Nagel
Appellate Terms of the Supreme Court of New York · Decided May 18, 1960
23 Misc. 2d 891; 202 N.Y.S.2d 349; 1960 N.Y. Misc. LEXIS 2988

Counsel

Marie A. Beary and Patrick Beary for appellant. Glatser, Glatser <& Evans (Robert L. Horkits of counsel), for respondents.

Beary v. Nagel

Opinion of the Court

Per Curiam.

The order dated November 18, 1959 and judgment entered thereon unanimously reversed, with $10 costs to plaintiff, and motion denied without prejudice to renewal. Appeal from order dated December 18, 1959 dismissed as academic.

*892The order dated November 18, 1959 is void since the decision was not made within 14 days after the submission of the motion (N. Y. City Mun. Ct. Code, § 119, subd. 2).

Concur — Hart, Di Giovanna and Benjamin, JJ.

Order and judgment reversed, etc.

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