Data-Guide, Inc. v. American R. D. M. Corp.

Order, entered on June 29, 1962, granting defendant’s motion to *996dismiss the complaint, under rule 107 of the Rules of Civil Practice, on the ground that there is a prior judgment determinative of the issues, unanimously reversed, on the law, without costs to any party, the motion denied, and the judgment entered thereon vacated. The statute is explicit (Civ. Prae. Act, § 482). Unless the prior judgment dismissing the complaint before the close of plaintiff’s evidence was expressly declared to be on the merits, it does not bar a subsequent action for the same cause. In this ease, the prior…