Mays v. Whitfield
Cases that cite this one
3 later published cases cite this decision.
- Lema v. New York Central Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2013)
- Lema v. New York Central Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2013)
- Morales v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2003)
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
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated July 31, 2000, which denied her motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by the doctrine of res judicata.
Ordered that the order is affirmed, with costs.
A nearly identical action to the instant action was dismissed pursuant to CPLR 3216 due to the plaintiff’s failure to prosecute. The Supreme Court properly denied the defendant’s motion to dismiss the instant action on the ground that it was barred by the doctrine of res judicata. The dismissal of a prior action between the same parties for failure to prosecute is not a dismissal on the merits and does not bar a second action
Case-law data current through December 31, 2025. Source: CourtListener bulk data.