Judgment entered May 29, 1969, in favor of defendant after trial without a jury, affirmed, with $50 costs and disbursements to respondent.
A threshold difficulty is encountered in evaluating the court's decision awarding defendant judgment. Unfortunately, the record is barren of any opening statement detailing the issues to be tried. Counsel did not request findings (CPLR 4213, subd. [a]), and the Trial Justice did not define the issues in his decision. It is ascertained...
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