Hill v. Hill

Full title: THOMAS J. HILL, Respondent, v . THOMAS A. HILL, Appellant

Court: Supreme Court, Appellate Term

Date published: May 1, 1906

50 Misc. 654 (N.Y. App. Term 1906)

99 N.Y.S. 410

Opinion

May, 1906.

William R. Hill, for appellant.

James E. Smith, for respondent.

GILDERSLEEVE, J.

This case was tried on November 2, 1905, and, as appears by an indorsement upon the summons, briefs were to be filed November 9, 1905. The respondent also concedes in his brief that the parties were given one week in which to file briefs. Judgment was rendered upon November 20, 1905. As the time in which to render judgment began to run from the day for the submission of briefs, the judgment was rendered within the fourteen days prescribed by section 230 of the Municipal Court Act. A.M. Eisenberg Co. v. Janzlik, 92 N.Y.S. 247. The order vacating the judgment was, therefore, without authority, and must be reversed.

DAVIS and CLINCH, JJ., concur.

Order reversed, with costs, and judgment reinstated.