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PULLMAN GROUP, LLC v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

297 A.D.2d 578 (2002)

747 N.Y.S.2d 170

PULLMAN GROUP, LLC, Respondent, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA et al., Appellants, et al., Defendants.

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

Decided September 24, 2002.

Since a dismissal premised on lack of standing is not a dismissal on the merits for res judicata purposes, plaintiff is not precluded from reasserting the same claims based on newly conferred rights which cure the prior lack of capacity (see Alco Gravure v Knapp Found., 64 N.Y.2d 458, 465; Tong v Hang Seng Bank, 210 A.D.2d 99, 100). The dismissal of plaintiff's prior action, based on the...

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