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Hamer v. Flatto

Supreme Court, Special Term, Queens County
Jun 6, 1938
170 Misc. 560 (N.Y. Sup. Ct. 1938)

Summary

In Hamer v. Flatto (170 Misc. 560, 561) Justice HALLINAN states: "Where the court, as in this equity action, has disposed of the issues presented, by a written and signed opinion, and the parties were directed to submit a judgment on notice in accordance, no formal written decision containing findings of fact and conclusions of law is required by section 440 of the Civil Practice Act."

Summary of this case from Frederick v. Hunkins

Opinion

June 6, 1938.

Robert H. Elder, for the plaintiffs.

I.T. Flatto [ Sydney Rosenthal of counsel], for the appearing defendants.


Where the court, as in this equity action, has disposed of the issues presented, by a written and signed opinion, and the parties were directed to submit a judgment on notice in accordance, no formal written decision containing findings of fact and conclusions of law is required by section 440 of the Civil Practice Act. Therefore, the findings submitted by the defendants are not passed upon. Judgment signed.


Summaries of

Hamer v. Flatto

Supreme Court, Special Term, Queens County
Jun 6, 1938
170 Misc. 560 (N.Y. Sup. Ct. 1938)

In Hamer v. Flatto (170 Misc. 560, 561) Justice HALLINAN states: "Where the court, as in this equity action, has disposed of the issues presented, by a written and signed opinion, and the parties were directed to submit a judgment on notice in accordance, no formal written decision containing findings of fact and conclusions of law is required by section 440 of the Civil Practice Act."

Summary of this case from Frederick v. Hunkins
Case details for

Hamer v. Flatto

Case Details

Full title:ANNIE L. HAMER and Another, etc., Plaintiffs, v. ISAAC T. FLATTO and…

Court:Supreme Court, Special Term, Queens County

Date published: Jun 6, 1938

Citations

170 Misc. 560 (N.Y. Sup. Ct. 1938)
10 N.Y.S.2d 742

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