Legal Opinion
Conklin v. State
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1965No. Claim No. 40650; Claim No. 40934PublishedCited by 20 opinions
1Opinion of the CourtGibson, P. J.
These appeals by the State from judgments of the Court of Claims awarding damages for appropriations of real property pose the common problem of inadequate findings by the trial court and are otherwise unrelated.
The rule as to decisions upon nonjury trials is stated by statute, in succinct terms: ‘ ‘ The decision of the court may be oral or in writing and shall state the facts it deems essential.” (CPLR 4213, subd. [b]; 4 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars. 4213.04-4213.09.) A statement of the essential facts on which the judgment is founded ” may not be waived or dispensed with,…
2Cases cited3 opinions
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- United States v. MerzSupreme Court of the United States · 1964
- Ruegg v. Fairfield Securities Corp.New York Court of Appeals · 1955
3Cited by20 opinions
- Capasso v. CapassoAppellate Division of the Supreme Court of the State of New York · 1986
- Weckstein v. BreitbartAppellate Division of the Supreme Court of the State of New York · 1985
- Weiner v. StateAppellate Division of the Supreme Court of the State of New York · 1975
- Mastin v. Village of LimaAppellate Division of the Supreme Court of the State of New York · 1980
- Star Plaza, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1980
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