Hansen v. City of New York

In this action for damages for personal injuries suffered by decedent in his lifetime, but unrelated to his later death, the plaintiff’s complaint was dismissed at the close of her case for failure to establish his freedom from contributory negligence. The judgment of dismissal thereafter entered did not contain a recital that it was made “ without prejudice ” the effect of which was to make it a final determination on the merits and to bar the commencement of another action. (Civ. Prac. Act, § 482.) Later a motion made by plaintiff to amend and correct the judgment nunc pro tunc by inserting…