I. Feigenbaum, Inc. v. Pan American World Airways, Inc.

Judgment appealed from unanimously modified on the law and on the facts, without costs, to the extent of including therein a recital that the dismissal of the complaint at the close of plaintiff’s ease was without prejudice, so as to conform to the extract of the clerk’s minutes. The dismissal was without prejudice to the institution of a new action to the extent permitted pursuant to the provisions of section 482 of the Civil Practice Act.

Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Bergan, JJ.