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Carpink v. Karpink

292 N.Y. 502 Court N.Y. Decision date 1944-01-20 Docket Action No. 1; Action No. 2 English

Judges Concur: Lehman, Ch. J., LoughraN, Rippey, Lewis, Conway, Desmond and Thacher, JJ.

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p. 502
Argued December 7, 1943;
decided January 20, 1944.
p. 503
Nathaniel H. Brower and Jesse Friedman for appellant.
Robert L. Bobrick for respondent.
p. 504
Orders reversed and matters remitted to the Appellate Division for compliance with Civil Practice Act, section 602 (as amd. by L. 1942, ch. 297), without costs. Although we find in the record some evidence which supports the order of Special Term, the order of the Appellate Division fails to state whether the determination of that court is upon the law, or upon the facts, or upon the law and the facts. (See 292 N. Y. 582 .)

Concur: Lehman, Ch. J., LoughraN, Rippey, Lewis, Conway, Desmond and Thacher, JJ.

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