Dann v. . Palmer
New York Court of Appeals
Appeal, by permission, from.an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 7, 1912, which affirmed an order of Special Term denying a motion that the court pass upon certain requests to find submitted in the above-entitled action.
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Appeal, by permission, from.an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 7, 1912, which affirmed an order of Special Term denying a motion that the court pass upon certain requests to find submitted in the above-entitled action. The following questions were certified: “1. Under the facts and circumstances disclosed in the record was it the right of defendants to have the proposed findings which they submitted to the trial justice on December 16, 1911, ruled upon by him as prescribed by section 1023 of the Code of Civil Procedure ? “ 2.…
1Opinion of the Court
Order reversed, with costs in all courts, and motion granted, with ten dollars costs, on dissenting opinion of Foote, J., below. First and fourth questions certified answered in the affizmative; third question answered in the negative; second question not answered.
Concur: Cullen, Ch. J., Haight, Vann, Hiscock, Chase and Collin, JJ. Not.voting: Willard Bartlett, 'J.
2Cited by2 opinions
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