Cattieu v. Gridley

Appellate Division of the Supreme Court of New York

Cattieu v. Gridley

4 A.D.2d 851, 166 N.Y.S.2d 391, 1957 N.Y. App. Div. LEXIS 4553

Appellate Division of the Supreme Court of the State of New York·Decided September 23, 1957·Published

Opinion

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: The only findings contained in the record before us in support of the decision sought to be reviewed are those made by the Trial Judge following his resignation from office. Such findings are of no validity. Absent from the record any proper findings, intelligent, judicial review is impossible. All concur. (Appeal from a judgment of Wayne County Court for plaintiff in an automobile negligence action.) Present — McCurn, P. J., Vaughan, Kimball and Williams, JJ.

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Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: The only findings contained in the record before us in support of the decision sought to be reviewed are those made by the Trial Judge following his resignation from office. Such findings are of no validity. Absent from the record any proper findings, intelligent, judicial review is impossible. All concur. (Appeal from a judgment of Wayne County Court for plaintiff in an automobile negligence action.) Present — McCurn, P. J., Vaughan, Kimball and Williams, JJ.

Cattieu v. Gridley, 4 A.D.2d 851, 166 N.Y.S.2d 391, 1957 N.Y. App. Div. LEXIS 4553 (N.Y. Ct. App. 1957).

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