Ellis v. Phinney

240 A.D. 743 Court N.Y. App. Div. English

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p. 743

Charles E. Ellis, Appellant, v. Elizabeth B. Phinney and Another, Respondents.

Judgment modified by striking out the words “ on the merits,” and substituting in place thereof the words “ wdthout prejudice,” and as so modified affirmed, with costs to the respondents. Hill, P. J., Rhodes and Heffernan, JJ., concur; Crapser and Bliss, JJ., vote to reverse and for a new trial.