REUSCHENBERG v. MERRITT


2 A.D.2d 862 (1956)

Channing Reuschenberg, Respondent, v. Frederick S. Merritt et al., Appellants

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

October 22, 1956


Order modified by striking therefrom everything following the word "granted" in the first ordering paragraph and by adding thereto the words "without prejudice, and with costs to defendants." As so modified order affirmed, with $10 costs and disbursements to appellants.

It is clear that the trial court intended the dismissal to be without prejudice to future proceedings by any of the parties. On the scant record presented in this court, it cannot be said that such...

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