Turl v. Feldman (212 A.D. 835, 1925)

We are of opinion that while a nonsuit would have been proper, it was error to dismiss the complaint, inasmuch as the learned trial court did not reserve decision upon the defendant’s motion for a nonsuit. (Dougherty v. Salt, 227 N. Y. 200, 203.) The judgment and order so far as they provide for a dismissal of the complaint are reversed upon the law, and a new trial granted, with costs to abide the event. Kelly, P. J., Rich, Jayeox, Manning and Kapper, JJ., concur.