Legal Opinion
Bray v. Cox
New York Court of Appeals
Decided January 8, 1976PublishedCited by 377 opinions
1Per curiam
On this appeal we consider only the issue whether the dismissal of an appeal for want of prosecution in a civil action bars a subsequent appeal upon the identical issues in the same cause.
On June 17, 1964 while returning from a trip to Buffalo, New York, plaintiff was injured and defendant’s decedent was killed when the automobile the latter was operating collided with a utility pole. Both plaintiff and the deceased were citizens and residents of the Province of Ontario, Canada, and the vehicle in which they were traveling was registered and insured there.
In 1967, plaintiff commenced this…
2Cases cited5 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Drummond v. . HussonNew York Court of Appeals · 1856
- Sanders v. MooreSupreme Court of Arkansas · 1889
- Sperling v. BollAppellate Division of the Supreme Court of the State of New York · 1898
- Crane v. StateNew York Court of Appeals · 1974
3Cited by377 opinions
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- John P. v. WhalenNew York Court of Appeals · 1981
- Faricelli v. TSS Seedman's, Inc.New York Court of Appeals · 1999
- Yonkers Contracting Co. v. Port Authority Trans-Hudson Corp.New York Court of Appeals · 1999
- Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
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