Appellate Division of the Supreme Court of the State of New York January 5, 1900 (Field v. Pinkus)

PATTERSON, J.

The complaint -in this action was dismissed on: the merits by the referee before whom it was tried. In his report,, upon which the judgment appealed from is founded, he states that the case was opened on behalf of the plaintiffs, and that immediately thereafter, and without taking any testimony, the counsel for the defendants moved to dismiss the complaint on the pleadings-and on.