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Spicer v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 14, 1955
285 App. Div. 862 (N.Y. App. Div. 1955)

Opinion

January 14, 1955.

Appeal from Court of Claims.

Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Van Duser, JJ.


Case held and matter remitted to the Court of Claims for findings in support of the judgment. Memorandum: Upon the trial had before the Court of Claims, the parties litigated issues pertaining to negligence and contributory negligence. No oral or written decision was made by the trial court. It is therefore impossible for an appellate court to adequately review the judgment. Accordingly, the appeal should be held and the matter remitted to the trial court to make a proper decision in accordance with the statute. (See Civ. Prac. Act, §§ 439, 440.) All concur.


Summaries of

Spicer v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 14, 1955
285 App. Div. 862 (N.Y. App. Div. 1955)
Case details for

Spicer v. State

Case Details

Full title:CLYDE H. SPICER, an Infant, by CLYDE T. SPICER, His Guardian ad Litem…

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

Date published: Jan 14, 1955

Citations

285 App. Div. 862 (N.Y. App. Div. 1955)