Shelton v. Civic Realty, Inc.

Full title: FRANK SHELTON, Respondent, v. CIVIC REALTY, INC., Appellant

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

Date published: Nov 1, 1933

240 App. Div. 902 (N.Y. App. Div. 1933)

Opinion

November, 1933.

Present — Lazansky, P.J., Young, Scudder, Tompkins and Davis, JJ.

Interlocutory judgment and final judgment unanimously affirmed, with costs. Defendant's findings of fact numbered 23 and 24 are reversed as against the weight of the evidence. Order dated June 30, 1932, resettling defendant's findings of fact reversed on the law, and motion denied, without costs. The decision having been signed by the trial justice and duly filed, the court was without power to make the order. (Civ. Prac. Act, §§ 440, 442; Hydraulic Power Co. v. Pettebone-Cataract P. Co., 194 App. Div. 819.)