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Since this was a nonjury case, the trial court was required to render a decision, either oral or written, stating the facts which it deemed essential (Civ. Prae. Act, § 440). This it did not do. The decision required by section 440 of the Civil Practice Act may not be omitted (Driskell v. Alfano, 12 A D 2d 973). Beldock, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.
Document Info
Citation Numbers: 14 A.D.2d 797, 220 N.Y.S.2d 463, 1961 N.Y. App. Div. LEXIS 8602
Filed Date: 10/16/1961
Precedential Status: Precedential
Modified Date: 10/31/2024