MENEELY v. SEIKI


175 A.D.2d 111 (1991)

William Meneely et al., Respondents, v. Hitachi Seiki USA et al., Appellants

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

July 1, 1991


Ordered that the order is reversed, on the law, with costs, the defendants' motion to dismiss the complaint is granted, and the complaint is dismissed.

Within six months after the plaintiffs' Federal action was dismissed due solely to the absence of diversity jurisdiction, and subsequent to the expiration of the applicable limitation periods, the plaintiffs attempted to commence a new action based upon the same transactions in the Supreme Court, Nassau County. The...

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