Legal Opinion
Mays v. Whitfield
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 2001PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated July 31, 2000, which denied her motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by the doctrine of res judicata.
Ordered that the order is affirmed, with costs.
A nearly identical action to the instant action was dismissed pursuant to CPLR 3216 due to the plaintiff’s failure to prosecute. The Supreme Court properly denied the defendant’s motion to dismiss the instant action on the ground that it was barred by the doctrine of…
2Cases cited3 opinions
- Medalie v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1986
- Lewin v. M. YedvarbAppellate Division of the Supreme Court of the State of New York · 1978
- San Filippo v. AdlerAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by3 opinions
- Morales v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
- Lema v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2013
- Lema v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2013