The infant plaintiff, by her legal guardian, argues that this second personal injury brought on her behalf to recover for injuries allegedly sustained in May 1995 was properly commenced, and was not barred by the dismissal of her identical first action, inasmuch as the order dismissing the first action did not state that the dismissal was on the merits, and was not denominated an order of preclusion. While not denominated as such, however, the order dismissing the first action...
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