GIGLIO v. HABER


19 A.D.2d 793 (1963)

John Giglio, Appellant, v. Abe Haber et al., Respondents

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

September 30, 1963


Judgment modified on the law and in the exercise of discretion by adding a provision to the effect that the dismissal of the complaint against all the defendants is without prejudice. As so modified, the judgment is affirmed, without costs.

The findings of fact below are affirmed. The record discloses that, at the end of plaintiff's case, the Trial Justice, on the ground that a prima facie case had not been proved, dismissed the complaint with prejudice. While...

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