Appellate Terms of the Supreme Court of New York, 1958

Schwarcz v. North German Lloyd

Appellate Terms of the Supreme Court of New York · Decided November 6, 1958

15 Misc. 2d 76; 180 N.Y.S.2d 364; 1958 N.Y. Misc. LEXIS 2396

Counsel

Cornelius F. Qustav and Isidore R. Tucker for appellant., Arnold W. Knauth for respondent.

Per Curiam.

Since the determination was not on the merits the dismissal of the complaint should have been without prejudice.

The judgment and order should be modified to direct that the dismissal is without prejudice and as modified affirmed, with $25 costs to respondent.

Concur — Hofstadter, J. P., Aurelio and Tilzer, JJ.

Judgment modified, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.