McWhirter v. Payntar — 155 N.Y.S. 1122

Majority

p. 1122

McWHIRTER, Appellant, v. PAYNTAR, Respondent.

(Supreme Court, Appellate Division, Second Department.

October 8, 1915.)

Headnote

Action by Elizabeth McWhirter against Irene U. Payntar.

Order affirmed, with $10 costs and disbursements. We think that the judgment as entered on March 25, 1914, was sufficient compliance with section 1010 of the Code of Civil Procedure. Garrett v. Wood, 57 App. Div. 242 , 68 N. Y. Supp. 157 . It is clear enough that the Special Term that tried the case intended to nonsuit the plaintiff, from the court’s reference to section 1021 of the said Code in its memorandum of October 28, 1914. An application to amend the judgment, so that such disposition should affirmatively appear, might well be made.

Cases cited

Garrett v. Wood 57 App. Div. 242 N.Y. App. Div. 1901-01-09 p. 1122