TaiLexi AI U.S. Case Law

Island Park Plumbing & Heating Corp. v. Larmar Estates, Inc.

Island Park Plumbing & Heating Corp. v. Larmar Estates, Inc., 75 A.D.2d 885 (1980)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
May 27, 1980
Citations
75 A.D.2d 885428 N.Y.S.2d 4721980 N.Y. App. Div. LEXIS 11522

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

In an action to foreclose a mechanic’s lien, the appeal is from a judgment of the Supreme Court, Nassau County, entered October 2, 1979, which granted plaintiff the relief requested and dismissed appellant’s counterclaim. Judgment affirmed as to the granting of relief to the plaintiff, without costs or disbursements. Case remanded to Special Term for the purpose of making specific findings of fact with respect to the court’s dismissal of appellant’s counterclaim. The appeal is held in abeyance in the interim with respect to said dismissal. No findings of fact essential to the trial court’s dismissal of appellant’s counterclaim have been set forth (CPLR 4213, subd [b]). We find the trial court’s statement that the counterclaim is "dismissed for want of equity” to be totally inadequate. Determination of the appeal with respect to this issue will be held in abeyance pending further findings of fact. Lazer, J. P., Gibbons, Rabin and O’Connor, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1981: 119812026peak 1981 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list