New York Civil Practice Law and Rules Code § 5013

Effect of judgment dismissing claim
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Rule 5013. Effect of judgment dismissing claim. A judgment dismissing\na cause of action before the close of the proponent's evidence is not a\ndismissal on the merits unless it specifies otherwise, but a judgment\ndismissing a cause of action after the close of the proponent's evidence\nis a dismissal on the merits unless it specifies otherwise.\n

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