VILLANOVA v. KING KULLEN SUPERMARKETS


163 A.D.2d 203 (1990)

Laura Villanova et al., Appellants, v. King Kullen Supermarkets et al., Respondents

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

July 12, 1990


The sole issue presented on appeal is whether plaintiffs were entitled to the benefit of CPLR 205 (a) upon dismissal of their initial verified complaint for failure to proceed. CPLR 205 (a) provides that upon dismissal of an action other than by "voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits, the plaintiff * * * may commence a new action upon the same [cause of action] within six months after...

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