Legal Opinion
Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C.
New York Court of Appeals
Decided October 27, 2005PublishedCited by 74 opinions
1Opinion of the Court
OPINION OF THE COURT
R.S. Smith, J.
We hold that dismissal of an action for failure to comply with discovery orders is a dismissal “for neglect to prosecute the action” within the meaning of CPLR 205 (a). Therefore, these actions, filed after the dismissal of previous actions by the same plaintiffs, are not saved by CPLR 205 (a) from the bar of the statute of limitations.
Facts and Procedural History
The Jefferson Middle School in Jamestown was renovated in 1992. In 1994 and 1995, more than 60 plaintiffs brought four lawsuits against more than 20 defendants, alleging that employees and students…
2Cases cited10 opinions
- Brill v. City of New YorkNew York Court of Appeals · 2004
- Kihl v. PfefferNew York Court of Appeals · 1999
- Miceli v. State Farm Mutual Automobile Insurance CompanyNew York Court of Appeals · 2004
- Lehman Bros. v. Hughes Hubbard & Reed, L. L. P.New York Court of Appeals · 1998
- Flans v. Federal InsuranceNew York Court of Appeals · 1978
5 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Gibbs v. St. Barnabas HospitalNew York Court of Appeals · 2010
- Cadichon v. FacelleNew York Court of Appeals · 2011
- Ford Motor Credit Co. v. NYC Police DepartmentCourt of Appeals for the Second Circuit · 2007
- Malay v. City of SyracuseNew York Court of Appeals · 2015
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
69 more not listed; retrieve them via the Exa API.