Stray v. Lutz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from an order of Supreme Court, Onondaga County (Garni, J.), entered August 5, 2002, which denied defendants’ motion to dismiss the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.
Memorandum: The narrow issue before us on this appeal is whether a prior order of dismissal for a discovery default is to be given res judicata effect when it was not preceded by a preclusion order and does not specify that the dismissal is on the merits, or whether that order permits the commencement of another action instituted within the…
2Cases cited6 opinions
- Strange v. Montefiore Hospital & Medical CenterNew York Court of Appeals · 1983
- Palmer v. FoxNew York Court of Appeals · 1968
- Greenberg v. De HartNew York Court of Appeals · 1958
- Gundershein v. Bradley-Mahony Coal Corp.New York Court of Appeals · 1946
- Holley v. Mandate Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1986
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3Cited by6 opinions
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- Kalinka v. Saint Francis HospitalAppellate Division of the Supreme Court of the State of New York · 2006
- Wilson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
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