City of Niagara Falls v. William Young Transportation, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Decision reserved, case held, and matter remitted to Supreme Court, Niagara County, for appropriate findings in accordance with the following Memorandum: The trial court’s conclusion as to the amount it awarded for fair market value in this condemnation proceeding without findings of fact upon which that value was bottomed is inadequate and prevents intelligent appellate review. A trial court is required to “state the facts it deems essential” where there is trial by the court in nonjury cases (CPLR 4213, subd. [b]). This provision of the CPLR is applicable to a trial *900and decision by a court…
2Cited by2 opinions
- Rosen Trust v. RosenAppellate Division of the Supreme Court of the State of New York · 1976
- White v. WhiteAppellate Division of the Supreme Court of the State of New York · 1979