WEST, WEIR & BARTEL, INC. v. MARY CARTER PAINT CO.


29 A.D.2d 526 (1967)

West, Weir & Bartel, Inc., Appellant-Respondent, v. Mary Carter Paint Co., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 19, 1967


Judgment from which this appeal and cross appeal are taken, unanimously reversed, on the law, without costs or disbursements, the judgment vacated, and the proceedings remanded to the trial court for a finding of the facts which it deemed essential to the decision (CPLR 4213, subd. [b]) upon which the judgment was rendered.

It may be noted the minutes or record of the first trial are competent and subject to the consideration...

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