Levy v. Metropolitan Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal by defendant from judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, dismissing the complaint of the plaintiff without prejudice to a new trial and from an order denying defendant’s motion to set aside said judgment and dismiss the complaint upon the merits.
1Opinion of the CourtGuy, J.
The record in this case shows that the parties went to trial upon April 26, 1916. That after the testimony on both sides had been given and both parties had rested the defendant moved to dismiss the case upon the merits. After some discussion between the court and the attorneys for the respective parties the plaintiff’s attorney said, “I will discontinue the case, if your Honor please.” The defendant’s attorney said he did not think the plaintiff could discontinue “ after the case was in and both sides have rested.” The court, however, granted the motion to discontinue and subsequently, by…
2Cases cited5 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Hyde v. AndersonAppellate Division of the Supreme Court of the State of New York · 1906
- Anderson v. A. E. Norton, Inc.Appellate Terms of the Supreme Court of New York · 1916
- Harrigan v. PrendergastAppellate Terms of the Supreme Court of New York · 1916
- Bien v. National Surety Co.Appellate Terms of the Supreme Court of New York · 1916
3Cited by1 opinion
- R. C. Schindler, Inc. v. KahnCity of New York Municipal Court · 1935