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SECTION 5013

Effect of judgment dismissing claim

Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 50

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.