Legal Opinion
Larsen v. O'Reilly
District Court, S.D. New York
Decided June 1, 1951PublishedCited by 4 opinions
1Opinion of the Court
CONGER, District Judge.
Motion to dismiss, complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A.
A previous action between the same parties and based on the same cause of action was dismissed in this Court on December 20, 1950 for failure to prosecute. On January 16, 1951 a motion made by the plaintiff to restore the action to the calendar was denied.
Pursuant to Rule 41(b) of the F.R.C.P. the dismissal operated as an adjudication on the merits. The present action, therefore may not be instigated.
Section 23 of the New York Civil Practice Act may not be invoked to aid…
2Cases cited1 opinion
- Loomis v. Girard Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
3Cited by4 opinions
- Walter E. Heller & Company v. CoxDistrict Court, S.D. New York · 1972
- Anguiano v. Transcontinental Bus System, Inc.Arizona Supreme Court · 1953
- Prol v. Holland-America Line & S. S. StatendamDistrict Court, S.D. New York · 1964
- Mendis v. BMW of North America LLCDistrict Court, W.D. Washington · 2025