N.Y. Civil Practice Law and Rules Law § R5013 : Civil Practice Law And Rules — Judgments Generally — Effect of judgment dismissing claim Date: 22 Jul 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 A judgment dismissing a cause of action before the close of the proponent's evidence is not a dismissal on the merits unless it specifies otherwise, but a judgment dismissing a cause of action after the close of the proponent's evidence is a dismissal on the merits unless it specifies otherwise. N.Y. C.P.L.R. Law § R5013