Hollenbeck v. Ætna Casualty & Surety Co. of Hartford, Connecticut
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHinman, J.
This is an action to recover on a burglary insurance
policy. The liability involved has been tried twice in separate actions between the parties. Upon the first trial, at the close of the plaintiff’s case, the court granted a motion for nonsuit and a dismissal of the complaint. Judgment accordingly was entered and the court made no provision for a dismissal without prejudice. (Civ. Prac. Act, § 482.) Respondent did not appeal or make a motion to have the judgment recite that the dismissal was without prejudice. In the absence of a dismissal without prejudice, the judgment Was a “ final…
2Cases cited10 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Castle v. . NoyesNew York Court of Appeals · 1856
- Krekeler v. . RitterNew York Court of Appeals · 1875
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- Litkind v. WardAppellate Division of the Supreme Court of the State of New York · 1939
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- City Bank Farmers Trust Co. v. MacfaddenAppellate Division of the Supreme Court of the State of New York · 1961
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