CAVE v. SPANIER


212 A.D.2d 660 (1995)

623 N.Y.S.2d 147

Gail Cave, Respondent, v. Agnes Spanier et al., Appellants

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

February 21, 1995


Ordered that the order is affirmed, with costs.

The defendants contend that the dismissal of the prior complaint dated July 14, 1992, for failure to prosecute the action precludes the plaintiff from invoking CPLR 205 (a), which allows a plaintiff to commence a second action based on the same transaction or occurrence as the first action within six months of the termination of the first action. Since none of the Statutes of Limitation governing the various causes of...

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