Per Curiam.
Since the determination was not on the merits the dismissal of the complaint should have been without prejudice.
The judgment and order should be modified to direct that the dismissal is without prejudice and as modified affirmed, with $25 costs to respondent.
Judgment...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.