¶1The dismissal being upon the merits and not a nonsuit, a decision was essential. (McKenna v. Meehan, 220 App. Div. 690; Civ. Prac. Act, §§ 440, 441.) The ease is, therefore, remitted to the court at Special Term for the making of a decision, which may be submitted to this court as a supplement to the present record. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ. Case remitted to the court at Special Term for a proper decision, which may be. submitted to this court as a supplement to the present record.
223 A.D. 701
Murphy v. Murphy
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1928
Appellate Division of the Supreme Court of the State of New York · decided 1928-02-15
Decided 1928-02-15