Mario v. Oteris

The record discloses that at the conclusion of the evidence the case was finally submitted to the trial court, without request for permission to submit findings or requests to find. No decision was made until upwards of three weeks there*791after. Under such circumstances, section 439 of the Civil Practice Act has no application. However, since the judgment in favor of defendant was on the merits, and not a nonsuit, a decision, stating the facts which the trial court deemed essential, was required. (Civ. Prae. Act, § 440; Aufiero v. Aufiero, 222 App. Div. 479; Murphy v. Murphy, 223 App. Div. 701;…