Progressive Construction & Leasing Co. v. Sayre
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Reginald H. Sayre, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of March, 1916, resettling a decision and judgment herein.
1Opinion of the Court
Scott, J.:
Some confusion seems to have arisen as to the proper practice in this action owing to a failure to correctly appreciate the relief awarded by the court. It appears that the trial was had *457before the court without a jury, and that the court dismissed the complaint ‘‘ on the merits. ” This was equivalent to rendering a general judgment against the plaintiff, since it finally determined the case in defendant’s favor, and a judgment carrying the decision into effect would have barred another action upon the same cause of action against the same defendant. To validly enter such an order…
2Cases cited2 opinions
- Heinitz v. DarmstadtAppellate Division of the Supreme Court of the State of New York · 1910
- Electric Boat Co. v. HoweyAppellate Division of the Supreme Court of the State of New York · 1904