No findings of fact were made by the Trial Justice, the court merely observing, in granting defendant's motion to dismiss at the end of plaintiff's evidence, that plaintiff had "failed to make out from the evidence a prima facie case". While neither that ruling nor the judgment states the dismissal to have been with prejudice, it does have that effect by statute, the contrary not having been stated (CPLR 5013). It is certain that the case was not made out prima facie. However...
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