Order unanimously affirmed, without costs.
Memorandum:
Plaintiff's first action was dismissed as abandoned pursuant to CPLR 3404. Apparently plaintiff had failed to serve a bill of particulars, although defendant never obtained an order of preclusion. Subsequently, but concededly before expiration of the Statute of Limitations, plaintiff served a new summons together with a complaint which was identical to that of the first action. Defendant's motion for dismissal...
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.
