UNDERWOOD v. STATE OF NEW YORK


279 A.D. 823 (1952)

Albert W. Underwood, Appellant, v. State of New York, Respondent. (Claim No. 30112.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 9, 1952.


No formal findings were made by the court below. From the record we consider that the judgment of dismissal and the memorandum decision therein referred to was one of nonsuit, notwithstanding the receipt of the respondent State's proofs after the decision had been reserved on its motion to dismiss at the conclusion of claimant's proofs; decision having been again reserved on the renewal of the motion at the close of all the evidence. In its conclusion the decision states...

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