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40 A.D.2d 999

Stauffer v. Stauffer

Appellate Division of the Supreme Court of the State of New York · decided 1972-12-11

Decided 1972-12-11

¶1In an action for separation, the plaintiff wife appeals from a judgment of the Supreme Court, Westchester County, entered December 1, 1971, which, after a nonjury trial, dismissed the complaint. Case remanded to the trial court for the making of specific findings on the facts put in issue by the pleadings and the proof; and appeal held in abeyance in the interim. In our opinion the trial court should state the facts deemed essential for its determination (CPLR 4213, subd. [b]; Matter of Romeo v. Romeo, 40 A D 2d 685). Martuscello, Acting P. J., Latham, Shapiro, Christ and Benjamin, JJ., concur.

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