Kaufman v. City of New York

Appellate Division of the Supreme Court of New York

Kaufman v. City of New York

273 A.D. 821, 76 N.Y.S.2d 234, 1948 N.Y. App. Div. LEXIS 4792

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

DecidedJanuary 26, 1948

StatusPublished

This text of 273 A.D. 821 (Kaufman v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaufman v. City of New York, 273 A.D. 821, 76 N.Y.S.2d 234, 1948 N.Y. App. Div. LEXIS 4792 (N.Y. Ct. App. 1948).

Pincite

Opinion

Action to recover damages for personal injuries. Judgment dismissing the complaint reversed upon the law and a new trial granted, with costs to appellant to abide the event. The dismissal by the trial court “on the merits” before the close of plaintiff’s evidence was error (Civ. Prac. Act, § 482); and the judgment thereupon entered, incorrectly reciting that the motion to dismiss was granted “ at the close of the case ”, and not providing that the dismissal was “ without prejudice” must be reversed. (Civ. Prac. Act, § 482; Hollenbeck v. Aetna Casualty & Surety Co., 215 App. Div. 609, affd. 243 H. Y. 540; Assalone v. Hazel, 243 App, Div. 176.) The judgment entered was not a default judgment. (Citizens Trust Co. v. Prescott & Son, Inc., 221 App. Div. 426.) Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

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Action to recover damages for personal injuries. Judgment dismissing the complaint reversed upon the law and a new trial granted, with costs to appellant to abide the event. The dismissal by the trial court “on the merits” before the close of plaintiff’s evidence was error (Civ. Prac. Act, § 482); and the judgment thereupon entered, incorrectly reciting that the motion to dismiss was granted “ at the close of the case ”, and not providing that the dismissal was “ without prejudice” must be reversed. (Civ. Prac. Act, § 482; Hollenbeck v. Aetna Casualty & Surety Co., 215 App. Div. 609, affd. 243 H. Y. 540; Assalone v. Hazel, 243 App, Div. 176.) The judgment entered was not a default judgment. (Citizens Trust Co. v. Prescott & Son, Inc., 221 App. Div. 426.) Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

273 A.D. 821, 76 N.Y.S.2d 234, 1948 N.Y. App. Div. LEXIS 4792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufman-v-city-of-new-york-nyappdiv-1948.

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