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JOSEPH T. RYERSON & SON, INC. v. PIFFATH

132 A.D.2d 527 (1987)

Joseph T. Ryerson & Son, Inc., Respondent, v. Peter R. Piffath, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1987

Ordered that the order is affirmed, with costs.

The dismissal of the plaintiff's first action for failure to serve a timely complaint pursuant to CPLR 3012 (b) was not a dismissal on the merits, and therefore the plaintiff was entitled to commence a second action for the same relief (see, Sotirakis v United Servs. Auto. Assn., 100 A.D.2d 931). Further, in its complaint, the plaintiff was not obligated to assert the...

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