Costantini v. Costantini
| Decision Date | 31 March 1958 |
| Citation | 5 A.D.2d 890,172 N.Y.S.2d 627 |
| Parties | Filomena COSTANTINI, Respondent, v. Riccardo COSTANTINI, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Frank C. Termini, New York City, for appellant.
Joseph H. Robins, New York City, for respondent.
Before WENZEL, Acting P. J., and MURPHY, UGHETTA, HALLINAN and KLEINFELD, JJ.
MEMORANDUM BY THE COURT.
Appeal from an order denying a motion to vacate, discharge and cancel of record a judgment granting respondent an annullment of her marriage to appellant. The motion, which was returnable more than one year after the judgment became final, sought to vacate the judgment so that respondent may be directed to file findings of fact and conclusions of law.
Order affirmed, with $10 costs and disbursements.
The written decision of the trial court constituted a determination of all the essential elements required for the entry of judgment and directed the entry thereof. No formal findings of fact or conclusions of law were required under section 440 of the Civil Practice Act. Metropolitan Life Ins. Co. v. Union Trust Company, 294 N.Y. 254, 62 N.E.2d 59; Joroco Silk Corp. v. Nova, 265 App.Div. 1061, 39 N.Y.S.2d 473; Manzo v. Manzo, 1 A.D.2d 678, 146 N.Y.S.2d 588. Furthermore the motion was not timely made (Civil Practice Act, § 521).
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Union & New Haven Trust Co. v. People
...is also denied. The above constitutes the decision of the Court pursuant to section 440 of the Civil Practice Act. Costantini v. Costantini, 5 A.D.2d 890, 172 N.Y.S.2d 627; Joroco Silk Corp. v. Nova, 265 App.Div. 1061, 39 N.Y.S.2d ...
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