FIRSTAR EQUIPMENT FINANCE v. JONATHAN TRAVEL & TOURS, INC.


292 A.D.2d 275 (2002)

738 N.Y.S.2d 853

FIRSTAR EQUIPMENT FINANCE, a Division of FIRSTAR BANK, N.A., Respondent, v. JONATHAN TRAVEL & TOURS, INC., et al., Appellants.

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

Decided March 21, 2002.


It appears that "findings of fact and conclusions of law" made by a referee to determine in favor of appellants and against the vehicle's lessee were, along with a contemporaneous "judgment" also signed by the referee, filed by appellants with the County Clerk but never signed by the latter, and that a judgment roll was also never prepared. The motion court correctly held that such filings did not effect entry of a judgment (see, CPLR 5016 [a]; 5017 [a]). Since no...

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