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Cusumano v. Cusumano

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1992
188 A.D.2d 580 (N.Y. App. Div. 1992)

Opinion

December 21, 1992

Appeal from the Supreme Court, Westchester County (Delaney, J.).


Ordered that the matter is remitted to the Supreme Court, Westchester County, for compliance with CPLR 4213 (b), and the appeal is held in abeyance in the interim. The Supreme Court shall file its findings of fact with this Court with all convenient speed.

We find that the trial court failed to adequately set forth the factors it considered and the reasons for its determination that $99,598.71 was owed on the subject property. Fact finding is the obligation of the trial court (see, Jabri v Jabri, 175 A.D.2d 237), and it is required to make appropriate findings and to set forth its reasoning so that this Court may intelligently review its decision (see, Kluge v Kluge, 159 A.D.2d 968; Annis v Annis, 147 A.D.2d 668; CPLR 4213 [b]). Accordingly, the matter is remitted to the Supreme Court for the purpose of making detailed factual findings, and setting forth the reasons for its determination that $99,598.71 was owed on the Florida property. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.


Summaries of

Cusumano v. Cusumano

Appellate Division of the Supreme Court of New York, Second Department
Dec 21, 1992
188 A.D.2d 580 (N.Y. App. Div. 1992)
Case details for

Cusumano v. Cusumano

Case Details

Full title:JOAN CUSUMANO, Appellant, v. CHARLES CUSUMANO, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 21, 1992

Citations

188 A.D.2d 580 (N.Y. App. Div. 1992)
591 N.Y.S.2d 67

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