Crandle Realty Corp. v. Vassalo

Appellate Division of the Supreme Court of New York

Crandle Realty Corp. v. Vassalo

15 A.D.2d 812, 1962 N.Y. App. Div. LEXIS 11240

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 26, 1962

StatusPublished

This text of 15 A.D.2d 812 (Crandle Realty Corp. v. Vassalo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crandle Realty Corp. v. Vassalo, 15 A.D.2d 812, 1962 N.Y. App. Div. LEXIS 11240 (N.Y. Ct. App. 1962).

Pincite

Opinion

No opinion. Ughetta, Acting P. J., Christ and Rabin, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to dismiss the appeal, with the following memorandum: If a money judgment only had been entered, the plaintiff would not be in a position to appeal as it would [813]*813have obtained all of the relief which it sought; it would not have been an aggrieved party. The findings of fact or conclusions of law upon which the County Court reached its final determination belong properly in its formal decision (from which no appeal lies), and not in the judgment. The plaintiff may not enlarge its rights and convert itself into an aggrieved party by inserting in the judgment decretal provisions which have no place therein, especially since such provisions go beyond the scope of the relief originally demanded.

Free access — add to your briefcase to read the full text and ask questions with AI

No opinion. Ughetta, Acting P. J., Christ and Rabin, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to dismiss the appeal, with the following memorandum: If a money judgment only had been entered, the plaintiff would not be in a position to appeal as it would [813]*813have obtained all of the relief which it sought; it would not have been an aggrieved party. The findings of fact or conclusions of law upon which the County Court reached its final determination belong properly in its formal decision (from which no appeal lies), and not in the judgment. The plaintiff may not enlarge its rights and convert itself into an aggrieved party by inserting in the judgment decretal provisions which have no place therein, especially since such provisions go beyond the scope of the relief originally demanded.

Cite This Page — Counsel Stack

Bluebook (online)

15 A.D.2d 812, 1962 N.Y. App. Div. LEXIS 11240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crandle-realty-corp-v-vassalo-nyappdiv-1962.