Zaccardi v. Becker

The opinion of the Court was delivered by

PASHMAN, J.

This case presents two separate questions. First, when does a plaintiff’s failure to answer interrogatories result in the dismissal of his case with prejudice? Second, if such a dismissal is without prejudice, when is a second complaint barred by the statute of limitations? Under the special circumstances presented here, we hold that the prior complaint was not dismissed with prejudice and that defendants are not entitled to assert the statute of limitations as an affirmative defense. We reverse the contrary judgment of the Appellate…