Judgment unanimously modified, on the law, to provide that the dismissal of the complaint is without prejudice and otherwise affirmed, without costs and without disbursements.
There is a question as to whether the judgment of dismissal is in effect a judgment on the merits. (See 5 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5013.04.) Furthermore, since this action is seemingly alleged as one seeking a declaratory judgment, the dismissal of the complaint without...
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.
