In April, 1963, appellants served a complaint, which was dismissed for failure to state a cause of action, asserting materially the same claim as herein advanced. Since the order of 1963 did not specify that the dismissal was on the merits, technically the complaint in the new action cannot be dismissed on the grounds of res judicata (CPLR 5013; 5 Weinstein-Korn-Miller, pars. 5011.11, 5013.02). Nevertheless, the prior judgment, whether...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
