Reuschenberg v. Merritt

Appellate Division of the Supreme Court of New York

Reuschenberg v. Merritt

2 A.D.2d 862, 156 N.Y.S.2d 128, 1956 N.Y. App. Div. LEXIS 4176

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

DecidedOctober 22, 1956

StatusPublished

This text of 2 A.D.2d 862 (Reuschenberg v. Merritt) 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

Reuschenberg v. Merritt, 2 A.D.2d 862, 156 N.Y.S.2d 128, 1956 N.Y. App. Div. LEXIS 4176 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action to foreclose a mechanic’s lien, the appeal is from an order of the County Court, Nassau County, dismissing the complaint at the close of the plaintiff’s ease insofar as said order grants leave to serve an amended complaint alleging the existence of a contract and plaintiff’s performance thereof and as denies costs to defendants. Order modified by striking therefrom everything following the word “ granted ” in the first ordering paragraph and by adding thereto the words “ without prejudice, and with costs to defendants.” As so modified order affirmed, with $10 costs and disbursements to appellants. It is clear that the trial court intended the dismissal to be without prejudice to future proceedings by any of the parties. On the scant record presented in this court, it cannot be said that such dismissal is unwarranted. Nolan, P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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In an action to foreclose a mechanic’s lien, the appeal is from an order of the County Court, Nassau County, dismissing the complaint at the close of the plaintiff’s ease insofar as said order grants leave to serve an amended complaint alleging the existence of a contract and plaintiff’s performance thereof and as denies costs to defendants. Order modified by striking therefrom everything following the word “ granted ” in the first ordering paragraph and by adding thereto the words “ without prejudice, and with costs to defendants.” As so modified order affirmed, with $10 costs and disbursements to appellants. It is clear that the trial court intended the dismissal to be without prejudice to future proceedings by any of the parties. On the scant record presented in this court, it cannot be said that such dismissal is unwarranted. Nolan, P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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Bluebook (online)

2 A.D.2d 862, 156 N.Y.S.2d 128, 1956 N.Y. App. Div. LEXIS 4176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reuschenberg-v-merritt-nyappdiv-1956.