Sachs v. Real Estate Capital Corp.

Judgment unanimously modified, >on the law, to provide that the dismissal of the complaint is without prejudice and otherwise affirmed, without costs and without disbursements. There is a question as to whether the judgment of dismissal is in effect a judgment on ‘the merits. (See 5 Weinstein-Korn-Miller, N. Y. Civ. Phae., par. 5013.04.) Furthermore, since this action is seemingly alleged as one seeking a declaratory judgment, the dismissal of the complaint without a declaration of the rights of the parties may import nothing more than that, because of the lack of a justiciable controversy or…