Bababekov v. Feldman

The instant case isbefore us as a result of a hearing béfore a single justice of the Appellate Division who allowed the plaintiffs petition to establish a report pursuant to Dist./Mun. Cts. R. Civ. P., Rule 64 (e).

The central issue presented by the report challenges the power of the trial judge to correct or clarify his own unsolicited or gratuitous language which had the obvious and unintended legal effect of contradicting his own finding(s) for the defendant.

Essentially, the case was tried on March 2,1987, and, thereafter, on the same day, over the signature of the trial judge he indicated…