Gundershein v. Bradley-Mahony Coal Corp.
Cases that cite this one
16 later published cases cite this decision.
- Niles v. Nelson (District Court, N.D. New York 1999)
- Bernstein v. Gottlieb Memorial Hospital (Ill. App. Ct. 1989)
- O'Leary v. Brown Seal Realty Corp. (Appellate Division of the Supreme Court of New York 1969)
- Martello v. Board of Education (Civil Court of the City of New York 1966)
- Gavlin v. Adventist Bolingbrook Hospital (Ill. App. Ct. 2022)
- Ziegler v. Serrano (Appellate Division of the Supreme Court of New York 2010)
- Stray v. Lutz (Appellate Division of the Supreme Court of New York 2003)
- LUCHINI BY AND THROUGH LUCHINI v. Harsany (Or. Ct. App. 1989)
- Holley v. Mandate Realty Corp. (Appellate Division of the Supreme Court of New York 1986)
- Smarek v. Padilla (Appellate Division of the Supreme Court of New York 1980)
- Old Dutch Lands, Inc. v. City of New York (New York Supreme Court 1967)
- Nems Enterprises, Ltd. v. Seltaeb, Inc. (Appellate Division of the Supreme Court of New York 1965)
- In re the Estate of Albin (New York Surrogate's Court 1962)
- De Marco v. Boghossian (New York County Courts 1962)
- Topp v. Casco Products Corp. (Appellate Division of the Supreme Court of New York 1961)
- Mintzer v. Carl M. Loeb, Rhoades & Co. (Appellate Division of the Supreme Court of New York 1960)
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
The judgment dismissing the prior action brought in behalf of the infant plaintiff was ordered because of failure of diligent prosecution by the guardian ad litem. *541 Since that judgment was not rendered upon the merits, it does not prevent the present action for the same cause of action (Civ. Prac. Act, § 482). Hence the present action, which was commenced within the period of the plaintiff’s infancy, is not barred by the Statute of Limitations (Civ. Prac. Act, § 49, subd. 6; § 60, subds. 1, 3).
The judgments should be reversed and the motions denied, with costs in all courts.
Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fuld, JJ., concur.
judgments reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.