From Casetext: Smarter Legal Research

Harris v. Harris

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1977
60 A.D.2d 644 (N.Y. App. Div. 1977)

Opinion

December 27, 1977


In a matrimonial action, the parties cross-appeal from a judgment of divorce of the Supreme Court, Kings County, entered April 15, 1977. Action remanded to the Trial Justice for the making of findings of fact and conclusions of law, and appeal held in abeyance in the interim. In remanding this case for the Trial Justice to make detailed findings and conclusions, we again call attention to the requirement of CPLR 4213 (subd [b]) that: "The decision of the [trial] court * * * shall state the facts it deems essential." Only by compliance with the requirement can there be intelligent judicial review upon appeal (De Ibero v De Ibero, 33 A.D.2d 804; Matter of Incorporated Vil. of Babylon [Honsberger], 36 A.D.2d 768, 769). Shapiro, J.P., Hawkins, Suozzi and Mollen, JJ., concur.


Summaries of

Harris v. Harris

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1977
60 A.D.2d 644 (N.Y. App. Div. 1977)
Case details for

Harris v. Harris

Case Details

Full title:LEON S. HARRIS, Appellant-Respondent, v. HARRIET HARRIS…

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

Date published: Dec 27, 1977

Citations

60 A.D.2d 644 (N.Y. App. Div. 1977)

Citing Cases

Harris v. Harris

In a matrimonial action, the parties cross-appeal from a judgment of divorce of the Supreme Court, Kings…

Berlin v. Berlin

However, with respect to the question of custody, the court failed to comply with the duty imposed upon it by…