Manson v. Manson

Appellate Division of the Supreme Court of New York

Manson v. Manson

10 A.D.2d 664, 196 N.Y.S.2d 105, 1960 N.Y. App. Div. LEXIS 11876

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

DecidedFebruary 4, 1960

StatusPublished

This text of 10 A.D.2d 664 (Manson v. Manson) 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

Manson v. Manson, 10 A.D.2d 664, 196 N.Y.S.2d 105, 1960 N.Y. App. Div. LEXIS 11876 (N.Y. Ct. App. 1960).

Pincite

Opinion

Judgment unanimously reversed on the law and facts, with costs to the appellant, and a new trial granted. Memorandum: The trial of this separation action was completed and the trial court reserved decision. At a later date a memorandum was handed down deciding “that the motion for judgment in his favor by the defendant is granted.” The court thereafter signed a judgment dismissing the complaint on the merits. It is difficult to determine from the memorandum the basis of the court's decision. If the dismissal of the complaint was upon the law the action was erroneous. (Cf. Kazansky v. Bergman, 4 A D 2d 79, 85.) Inasmuch as the court in its memorandum recited and weighed the evidence of the respective parties it seems more likely that the dismissal was upon the facts. If this is so then the memorandum does not contain adequate findings of fact that may be reviewed by this court. (Appeal from a judgment of Niagara Equity Term dismissing plaintiff’s complaint on the merits in an action for separation.) Present — Williams, P. J., Bastow, Goldman, Halpern and flenry, JJ.

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Judgment unanimously reversed on the law and facts, with costs to the appellant, and a new trial granted. Memorandum: The trial of this separation action was completed and the trial court reserved decision. At a later date a memorandum was handed down deciding “that the motion for judgment in his favor by the defendant is granted.” The court thereafter signed a judgment dismissing the complaint on the merits. It is difficult to determine from the memorandum the basis of the court's decision. If the dismissal of the complaint was upon the law the action was erroneous. (Cf. Kazansky v. Bergman, 4 A D 2d 79, 85.) Inasmuch as the court in its memorandum recited and weighed the evidence of the respective parties it seems more likely that the dismissal was upon the facts. If this is so then the memorandum does not contain adequate findings of fact that may be reviewed by this court. (Appeal from a judgment of Niagara Equity Term dismissing plaintiff’s complaint on the merits in an action for separation.) Present — Williams, P. J., Bastow, Goldman, Halpern and flenry, JJ.

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Bluebook (online)

10 A.D.2d 664, 196 N.Y.S.2d 105, 1960 N.Y. App. Div. LEXIS 11876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manson-v-manson-nyappdiv-1960.