Wagner Trading Co. v. Radillo
205 A.D. 833
Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1923·Published·Cited by 3 cases
Opinion
Per Curiam:
The complaint was dismissed at the close of plaintiff’s case for failure of proof, and, therefore, it was improper to enter a judgment dismissing the complaint upon the merits. The judgment should be modified by striking out the words “ upon the merits,” and as so modified affirmed, without costs. Present — Clarke, P. J., Dowling, Page, Merrell and Finch, JJ. Judgment modified by striking out the words “ upon the merits,” and as so modified affirmed, without costs.
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Wagner Trading Co. v. Radillo, 205 A.D. 833 (N.Y. Ct. App. 1923).
205 A.D. 833 (Wagner Trading Co. v. Radillo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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