Brook v. Levinson
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fourth district, in favor of defendants, dismissing the complaint on the merits, with costs, after a trial by the court mthout a jury.
1Opinion of the CourtGuy, J.
Plaintiff appeals from a judgment dismissing the complaint on the merits after the introduction of evidence by both plaintiff and defendant and the close of the case by both plaintiff and defendant. It is contended by the appellant that there being an issue of fact the court had no power to dismiss the complaint on the merits, but was required to render judgment in favor of either plaintiff. or defendant. Section 125 of the new Municipal Court Act provides: “A judgment dismissing the action may be rendered either on the merits or without prejudice to a new action, as the case requires.” A…
2Cases cited6 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Bowen v. FarleyAppellate Division of the Supreme Court of the State of New York · 1906
- Bass v. Phœnix Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Goldsmith v. NewwitterCity of New York Municipal Court · 1894
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