Appellate Terms of the Supreme Court of New York, 1909

Josephson v. Hebrew Gemilath Chassodim Ass'n

Josephson v. Hebrew Gemilath Chassodim Ass'n
Appellate Terms of the Supreme Court of New York · Decided May 27, 1909 · Seabury
117 N.Y.S. 99 (New York Supplement)

Counsel

Adolph Waxenbaum, for appellant., Isidore Hirshfield, for respondent.

Josephson v. Hebrew Gemilath Chassodim Ass'n

Opinion of the Court

SEABURY, J.

The judgment rendered in this action must be reversed, because, before the case was finally submitted, the plaintiff asked leave to discontinue the action, and this request was denied by the court, and an exception duly taken by counsel for the plaintiff. Municipal Court Act (Laws 1902, p. 1561, c. 580) § 248.

Judgment reversed, with costs to the appellant, and the complaint dismissed, with costs to defendant in the court below, without prejudice to a new trial. All concur.

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