De Ibero v. De Ibero

In an action to impress a trust on real property, defendant appeals from a judgment of the Supreme Court, Nassau County, entered December 30, 1968 after a non jury trial, which, inter alia, canceled a deed to defendant and directed her to account to plaintiff. Judgment reversed, on the law, without costs, and action remitted to the trial court for further proceedings not inconsistent herewith. The findings of fact below have not been affirmed. In our opinion, the trial court failed to make an essential finding upon which the rights of the parties depend. Plaintiff testified that, when he was…