¶1Order dismissing complaint upon the opening of counsel modified by striking out the provision that the dismissal is upon the merits, and by inserting, in lieu thereof, the words: “ without prejudice to the commencement of a new action, if the plaintiff be so advised,” and as so modified affirmed, with costs. No opinion. Rich, Jaycox, Kelby and Kapper, JJ., concur; Kelly, P. J., dissents.
214 A.D. 820
Cohen v. Levine
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1925
Appellate Division of the Supreme Court of the State of New York · decided 1925-07-15
Decided 1925-07-15