Crimi v. Treuter

Appellate Division of the Supreme Court of New York

Crimi v. Treuter

18 A.D.2d 701, 236 N.Y.S.2d 391, 1962 N.Y. App. Div. LEXIS 6261

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

DecidedDecember 24, 1962

StatusPublished

This text of 18 A.D.2d 701 (Crimi v. Treuter) 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

Crimi v. Treuter, 18 A.D.2d 701, 236 N.Y.S.2d 391, 1962 N.Y. App. Div. LEXIS 6261 (N.Y. Ct. App. 1962).

Pincite

Opinion

an action to recover damages for personal injury alleged to have been sustained by plaintiff as the result of eating a piece of an apple cake which contained deleterious matter, plaintiff having purchased the cake from defendant, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered December 16, 1961 after a non jury trial, which dismissed the complaint at the end of the entire case. Judgment reversed on the law, without costs, and action remitted to the trial court for an appropriate decision in compliance with section 440 of the Civil Practice Act. We have not considered the facts. The complaint was dismissed on the merits (Civ. Prac. Act, § 482). Since this was a nonjury case, the Trial Justice was required to render a decision, either oral or written, stating the facts which he deemed essential (Civ. Prac. Act, § 440; cf. Sokolow v. Sokolow, 14 A D 2d 797; Driskell v. Alfano, 12 A D 2d 973). It appears that no such decision jros [702]*702rendered in this case. Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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an action to recover damages for personal injury alleged to have been sustained by plaintiff as the result of eating a piece of an apple cake which contained deleterious matter, plaintiff having purchased the cake from defendant, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered December 16, 1961 after a non jury trial, which dismissed the complaint at the end of the entire case. Judgment reversed on the law, without costs, and action remitted to the trial court for an appropriate decision in compliance with section 440 of the Civil Practice Act. We have not considered the facts. The complaint was dismissed on the merits (Civ. Prac. Act, § 482). Since this was a nonjury case, the Trial Justice was required to render a decision, either oral or written, stating the facts which he deemed essential (Civ. Prac. Act, § 440; cf. Sokolow v. Sokolow, 14 A D 2d 797; Driskell v. Alfano, 12 A D 2d 973). It appears that no such decision jros [702]*702rendered in this case. Ughetta, Acting P. J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 701, 236 N.Y.S.2d 391, 1962 N.Y. App. Div. LEXIS 6261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crimi-v-treuter-nyappdiv-1962.