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In an action for separation, the plaintiff wife appeals from a judgment of the Supreme Court, Westchester County, entered December 1, 1971, which, after a nonjury trial, dismissed the complaint. Case remanded to the trial court for the making of specific findings on the facts put in issue by the pleadings and the proof; and appeal held in abeyance in the interim. In our opinion the trial court should state the facts deemed essential for its determination (CPLR 4213, subd. [b]; Matter of Romeo v. Romeo, 40 A D 2d 685). Martuscello, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.
Document Info
Citation Numbers: 40 A.D.2d 999, 338 N.Y.S.2d 582, 1972 N.Y. App. Div. LEXIS 3161
Filed Date: 12/11/1972
Precedential Status: Precedential
Modified Date: 11/1/2024