Application of Joroco Silk Corporation, a defendant in an action brought by Edward I. Ackerbaum, to vacate the judgment entered in the office of the clerk of Kings County on January 18, 1943, and to direct the trial justice to pass upon petitioner's findings of fact and conclusions of law, denied, with ten dollars costs and disbursements. After the trial the court reserved decision and afforded the parties an opportunity to submit briefs. Subsequently the court rendered an opinion in writing, setting forth the bases of its decision, and the same was filed in the clerk's office on January 12, 1943. Therefore, it was not necessary for the court to pass upon petitioner's proposed findings of fact and conclusions of law. (Civ. Prac. Act, § 440.) Section 439 of the Civil Practice Act has no application because petitioner made no request to submit findings of fact and conclusions of law until after the cause had been finally submitted to the court.