Case held, decision reserved, and matter remitted to the Special Term for further proceedings in accordance with the memorandum.
Memorandum:
We recognize that section 439 of the Civil Practice Act permits parties in a nonjury action to submit requests to find essential facts and that these are deemed to be refused if not embodied in the trial court's decision. In this action the court at the close of the trial fixed a date to submit findings and conclusions...
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