Legal Opinion

Hollenbeck v. Ætna Casualty & Surety Co. of Hartford, Connecticut

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1926PublishedCited by 24 opinions

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

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  3. Gardner v. BuckbeeNew York Supreme Court · 1824
  4. Castle v. . NoyesNew York Court of Appeals · 1856
  5. Krekeler v. . RitterNew York Court of Appeals · 1875

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3Cited by24 opinions

  1. Litkind v. WardAppellate Division of the Supreme Court of the State of New York · 1939
  2. Brown v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  3. Ziegler v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1931
  4. Hansen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1948
  5. City Bank Farmers Trust Co. v. MacfaddenAppellate Division of the Supreme Court of the State of New York · 1961

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