BRAY v. COX


38 N.Y.2d 350 (1976)

Alan Bray, Respondent, v. Kevin C. Cox, Public Administrator of the County of Erie, as Administrator of The Estate of Robert S. McDermott, Deceased, Appellant.

Court of Appeals of the State of New York.

Decided January 8, 1976.


Attorney(s) appearing for the Case

John F. Canale for appellant.

Gerald L. Kohn for respondent.

Judges GABRIELLI, JONES, WACHTLER and COOKE concur in Per Curiam opinion; Chief Judge BREITEL dissents and votes to reach the merits of the appeal in a separate opinion in which Judges JASEN and FUCHSBERG concur.


Per Curiam.

On this appeal we consider only the issue whether the dismissal of an appeal for want of prosecution in a civil action bars a subsequent appeal upon the identical issues in the same cause.

On June 17, 1964 while returning from a trip to Buffalo, New York, plaintiff was injured and defendant's decedent was killed when the automobile the latter was operating collided with a utility pole. Both plaintiff...

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