New Edgewood Properties, Inc. v. Sachsman

The defendant moves to dismiss a complaint on the ground that two earlier actions for similar relief were discontinued voluntarily by the plaintiff by notice, and that the second discontinuance ‘ ‘ operates as an adjudication on the merits ” (Rules Civ. Prac., rule 301, .subd. 5). The subdivision is as follows: “ * * * a discontinuance by means of notice operates as an adjudication on the merits if the party has once before discontinued by any method an action or proceeding based on or including the same cause of action in any court of this state, United States or any state.”

The chronology of…