HOYTE CONCRETE PRODUCTS INC v. DIANGELO (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

HOYTE'S CONCRETE PRODUCTS, INC., Plaintiff-Appellant, v. John DIANGELO, also Known as Richard John Diangelo, Defendants-Respondents.

111 Decided: February 11, 2026

PRESENT: BANNISTER, J.P., MONTOUR, SMITH, NOWAK, AND DELCONTE, JJ.

CROSSMORE AND TIFFANY, ITHACA (KIRSTIN TIFFANY OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Cayuga County, for further proceedings in accordance with the following memorandum: Plaintiff, as limited by its brief, appeals from an order entered following a nonjury trial insofar as it dismissed the complaint. Supreme Court's written decision fails to set forth “the facts it deem[ed] essential” to its determination (CPLR 4213 [b]). Under the circumstances, we conclude that the case must be held and that the decision must be reserved, and we remit the matter to Supreme Court to make the requisite findings of fact (see State Bank of Tex. v. Kaanam, LLC, 170 A.D.3d 1498, 1498, 94 N.Y.S.3d 515 [4th Dept. 2019]; Chavoustie v. Stone St. Baptist Church of Chaumont, 163 A.D.2d 856, 856, 559 N.Y.S.2d 838 [4th Dept. 1990]).

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