Legal Opinion

Murphy v. Murphy

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

Decided February 15, 1928PublishedCited by 1 opinion

1Per curiam

The dismissal being upon the merits and not a nonsuit, a decision was essential. (McKenna v. Meehan, 220 App. Div. 690; Civ. Prac. Act, §§ 440, 441.) The ease is, therefore, remitted to the court at Special Term for the making of a decision, which may be submitted to this court as a supplement to the present record. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ. Case remitted to the court at Special Term for a proper decision, which may be. submitted to this court as a supplement to the present record.

2Cases cited1 opinion

  1. McKenna v. MeehanAppellate Division of the Supreme Court of the State of New York · 1927

3Cited by1 opinion

  1. Mario v. OterisAppellate Division of the Supreme Court of the State of New York · 1949