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HEADLEY v. NOTO

22 N.Y.2d 1 (1968)

Frances P. Headley et al., Respondents, v. Anthony Noto, Individually and Doing Business as Noto Trucking, Appellant.

Court of Appeals of the State of New York.

Decided April 18, 1968.

Attorney(s) appearing for the Case

Harris Birnbaum for appellant.

David Kashman for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI and KEATING concur with Judge JASEN; Judge BREITEL dissents and votes to affirm in a separate opinion in which Judge BERGAN concurs.

JASEN, J.

This appeal, here by our leave, requires us to determine the consequences of a trial court's prior dismissal of a complaint "on the merits" predicated upon a plaintiff's failure to appear at the trial.

Prior to the institution of this action by the plaintiffs, Noto had himself commenced an action pursuant to former article 15 of the Real Property Law ...

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