White v. Herman Kummerle, Inc.

242 A.D. 612 | N.Y. App. Div. | 1934

Judgment modified by providing that the same is not upon the merits, and as so modified affirmed, with costs to the respondent, without prejudice to the institution of a new action. There was no testimony in the record that the truck that struck the infant plaintiff was the one admittedly owned by defendant. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.