Murphy v. Murphy
223 A.D. 701
Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1928·Published·Cited by 1 cases
Opinion
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.
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Murphy v. Murphy, 223 A.D. 701 (N.Y. Ct. App. 1928).
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