Commissioner of Social Services v. Hargrove
Cases that cite this one
3 later published cases cite this decision.
- Holley v. Mandate Realty Corp. (Appellate Division of the Supreme Court of New York 1986)
- Commissioner of Social Services v. Reichlin (Appellate Division of the Supreme Court of New York 1983)
- Commissioner of Social Services v. Bueme (Appellate Division of the Supreme Court of New York 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order unanimously reversed, without costs, and petition reinstated. Memorandum: Petitioner filed several petitions in Family Court charging respondent with being the father of a child bom to her out of wedlock. All were dismissed for varying reasons, most generally because of the nonappearance of one or the other of the parties. At no time did the court address, or have the opportunity to address, the merits of the several petitions. Petitioner appeals from the order dismissing the last petition which was dismissed because the court was of the view that the filing of yet another petition amounted to “harassment” of respondent. The only issue on appeal is whether any of the prior dismissals were “on the merits” or “with prejudice”. We conclude they were not. “A judgment dismissing the complaint upon a plaintiff’s failure to appear is not upon the merits” (Greenberg v De Hart, 4 NY2d 511, 516-517; see,
Case-law data current through September 30, 2026. Source: CourtListener bulk data.