Weber v. Suderov

Appellate Terms of the Supreme Court of New York

Weber v. Suderov

133 Misc. 832, 234 N.Y.S. 78, 1929 N.Y. Misc. LEXIS 741

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 5, 1929

StatusPublished

This text of 133 Misc. 832 (Weber v. Suderov) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weber v. Suderov, 133 Misc. 832, 234 N.Y.S. 78, 1929 N.Y. Misc. LEXIS 741 (N.Y. Ct. App. 1929).

Pincite

Opinion

Per Curiam.

In the condition of the proofs when plaintiff rested, defendant also resting on the statement of the trial judge that he gave defendant’s counsel the alternative, “ You can go to the jury on the case, or I will dismiss it without prejudice to a new cause of action,” it was error to dismiss the complaint without prejudice, plaintiff having made out a case as to most if not all of the items embraced in his claim.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Lydon and Frankenthaler, JJ.

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Per Curiam.

In the condition of the proofs when plaintiff rested, defendant also resting on the statement of the trial judge that he gave defendant’s counsel the alternative, “ You can go to the jury on the case, or I will dismiss it without prejudice to a new cause of action,” it was error to dismiss the complaint without prejudice, plaintiff having made out a case as to most if not all of the items embraced in his claim.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Lydon and Frankenthaler, JJ.

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Bluebook (online)

133 Misc. 832, 234 N.Y.S. 78, 1929 N.Y. Misc. LEXIS 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weber-v-suderov-nyappterm-1929.