Vallone v. Todaro

Appellate Division of the Supreme Court of New York

Vallone v. Todaro

11 A.D.2d 634, 201 N.Y.S.2d 196, 1960 N.Y. App. Div. LEXIS 10062

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

DecidedMay 12, 1960

StatusPublished

This text of 11 A.D.2d 634 (Vallone v. Todaro) 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

Vallone v. Todaro, 11 A.D.2d 634, 201 N.Y.S.2d 196, 1960 N.Y. App. Div. LEXIS 10062 (N.Y. Ct. App. 1960).

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Opinion

— Judgment unanimously reversed insofar as the complaint was dismissed “upon the merits” and judgment of dismissal otherwise affirmed, without costs of this appeal to any party. Memorandum: We do not approve the conduct of plaintiff’s attorney, but, so far as the record shows, the Trial Judge gave no direction to dismiss the complaint upon the merits and it was, therefore, improper to enter a judgment dismissing it upon the merits, under section 482 of the Civil Practice Act. (Appeal from judgment of Erie County Court dismissing plaintiffs’ complaint as to both defendants, upon plaintiffs refusing to proceed after opening statement by counsel for defendant Kroll, in an automobile negligence action,) Present — Williams, P. J., Bastow, Goldman, Halpern and MeClusky, JJ.

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— Judgment unanimously reversed insofar as the complaint was dismissed “upon the merits” and judgment of dismissal otherwise affirmed, without costs of this appeal to any party. Memorandum: We do not approve the conduct of plaintiff’s attorney, but, so far as the record shows, the Trial Judge gave no direction to dismiss the complaint upon the merits and it was, therefore, improper to enter a judgment dismissing it upon the merits, under section 482 of the Civil Practice Act. (Appeal from judgment of Erie County Court dismissing plaintiffs’ complaint as to both defendants, upon plaintiffs refusing to proceed after opening statement by counsel for defendant Kroll, in an automobile negligence action,) Present — Williams, P. J., Bastow, Goldman, Halpern and MeClusky, JJ.

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Bluebook (online)

11 A.D.2d 634, 201 N.Y.S.2d 196, 1960 N.Y. App. Div. LEXIS 10062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vallone-v-todaro-nyappdiv-1960.