New York Ice Co. v. North Western Insurance

By the Court,

Bonney, J.

This action was tried at special term, and on the 23d of December, 1859, judgment was rendered that the complaint be dismissed without prejudice to the plaintiff’s right to bring an action at law upon the policy of insurance set out in the complaint. On application of the plaintiff an order was made at a special term, on the 5th of July, 1860, that said order, (judgment,) dated 23d December, 1859, be amemded as of 5th July, 1860, by adding, after the words “set out in the complaint,” the words “or the plaintiffs may serve a new complaint at law in this action, on…