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WAGNER TRADING COMPANY v. RADILLO
Appellate Division of the Supreme Court of New York, First Department.
Jan 1, 1923
PER CURIAM:
The complaint was dismissed at the close of plaintiff's case for failure of proof, and, therefore, it was improper to enter a judgment dismissing the complaint upon the merits. The judgment should be modified by striking out the words "upon the merits," and as so modified affirmed, without costs.
PER CURIAM:
Judgment modified by striking out the words "upon the merits," and as so modified affirmed, without costs.
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