Legal Opinion
McDermott v. McDermott
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1986PublishedCited by 8 opinions
1Opinion of the Court
The trial court failed to comply with its duty to "state the facts it deems essential” to its decision (CPLR 4213 [b]) and we decline to exercise our power to review the record to determine whether, despite the trial court’s failure to so comply, the court’s determination has a sound and substantial basis in the record. Effective appellate review, especially in proceedings involving child custody determinations, "requires that appropriate factual findings be made by the trial court — the court best able to measure the credibility of the witnesses” (Matter of Jose L. I., 46 NY2d 1024, 1026).…
2Cases cited3 opinions
- Matter of I.New York Court of Appeals · 1979
- Giordano v. GiordanoAppellate Division of the Supreme Court of the State of New York · 1983
- Mosesku v. MoseskuAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by8 opinions
- Machado v. Del VillarAppellate Division of the Supreme Court of the State of New York · 2002
- D'Errico v. D'ErricoAppellate Division of the Supreme Court of the State of New York · 1990
- Moheban v. MohebanAppellate Division of the Supreme Court of the State of New York · 1989
- Matter of Newton v. McFarlaneAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Vazquez v. BahrAppellate Division of the Supreme Court of the State of New York · 2021
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