POWELL v. MOUNTAINSIDE AGENCY INC (1997)

Order unanimously affirmed without costs.

 Section 1304 of the UCCA 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. DiLallo, 54 Misc.2d 133, 281 N.Y.S.2d 648;  Smith v. Weitz, 14 Misc.2d 519, 178 N.Y.S.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, App.Term, 9th & 10th Jud.Dists., NYLJ May 31, 1990, at 29, col. 5;  see also, Empire Crafts Corp. v. Grace China Co., Inc., 40 Misc.2d 957, 244 N.Y.S.2d 572, aff'd 20 A.D.2d 851, 249 N.Y.S.2d 664).

MEMORANDUM.