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Peters v. Petersen

206 A.D. 719 Court N.Y. App. Div. English

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p. 719
Thorvald Peters, Appellant, v. Ingrid Petersen, Respondent.

Although there are findings of fact made, we are of opinion that the complaint was dismissed for failure of proof. The findings are modified accordingly, and the judgment amended so as to dismiss the complaint without prejudice, instead of on the merits. As so modified the judgment is unanimously affirmed, without costs. Present — Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ.