Peggo v. Dinan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Salvatore Peggo, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Dutchess on the . 2d day of August, 1901, denying the plaintiff’s motion to amend . the judgment entered in the action.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff appeals from an order of .the Special Term denying his motion to amend the judgment in question, so as to make it read that “ a judgment of nonsuit be directed to be entered herein,instead of that the said complaint be dismissed upon the merits.” The motion at the close of the plaintiff’s case to nonsuit was renewed at the close of all the evidence, and the motion was granted. It was not stated to be “ upon the merits,” but the judgment contains such a phrase. I think that the court, on a jury trial, has no power at the close of the whole evidence to dismiss “…
2Cases cited1 opinion
- Wheeler v. . RuckmanNew York Court of Appeals · 1873
3Cited by10 opinions
- Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925
- Kagan v. AvalloneAppellate Division of the Supreme Court of the State of New York · 1935
- Molloy v. Whitehall Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Mittleman v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907
- Maldonado & Co. v. YglesiasAppellate Division of the Supreme Court of the State of New York · 1914
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