There is a newer version of the New York Consolidated Laws
2014 New York Laws
CVP - Civil Practice Law & Rules
Article 50 - (5001 - 5021) JUDGMENTS GENERALLY
R5013 - Effect of judgment dismissing claim.
NY CPLR § R5013 (2014) What's This?
Rule 5013. Effect of judgment dismissing claim. 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.
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