DYER v. CAHAN


150 A.D.2d 172 (1989)

Ruth M. Dyer et al., Appellants, v. William Cahan et al., Respondents

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

May 4, 1989


A wrongful death action, timely brought by plaintiff against defendants in Federal court, was terminated by an order (Charles L. Brieant, J.), dated May 30, 1985, which stated that "[t]he action is dismissed without prejudice for want of subject matter jurisdiction absent complete diversity, and also for neglect to prosecute and failure to comply with a scheduling order." Thereafter, plaintiff commenced the instant action in July...

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