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ANDREA v. ARNONE, HEDIN

5 N.Y.3d 514 (2005)

840 N.E.2d 565

806 N.Y.S.2d 453

CHERYL ANDREA et al., Appellants, v. ARNONE, HEDIN, CASKER, KENNEDY AND DRAKE, ARCHITECTS AND LANDSCAPE ARCHITECTS, P.C. (HABITERRA ASSOCIATES) et al., Defendants, and TIEDE-ZOELLER, INC., Respondent. (Action No. 1.) MARK FOSTER et al., Appellants, v JAMESTOWN PUBLIC SCHOOLS et al., Respondents, et al. Defendants. (Action No. 2.)

Court of Appeals of the State of New York.

Decided October 27, 2005.

Attorney(s) appearing for the Case

Lewis & Lewis, P.C., Buffalo (Allan M. Lewis and Emily L. Downing of counsel), for appellants.

Nixon Peabody LLP, Buffalo (Laurie Styka Bloom of counsel); Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel); Elbert Hargesheimer, III, Hamburg; Hagerty & Brady, Buffalo (Thomas V. Hagerty of counsel); Feldman, Kieffer & Herman, LLP (Mark S. Nemeth of counsel); Quinn, McGarry, Caffery & Patricia, P.C. (John P. Quinn, Jr. of counsel); Colucci & Gallaher, PC (Todd C. Bushway of counsel); Brown & Kelly, LLP (Mark J. Schaefer of counsel); Kenney, Shelton, Liptak & Nowak, LLP (Thomas E. Liptak of counsel) and Hinshaw & Culbertson, Chicago, Illinois (Carlton D. Fisher of counsel), for Arnone, Hedin, Casker, Kennedy and Drake, Architects and Landscape Architects, P.C. (Habiterra Associates) and others, respondents.

Dean Law Firm P.C., Grand Island (Robert A. Dean of counsel), for Tiede-Zoeller, Inc., respondent.

Hodgson Russ LLP, Buffalo (Jason E. Markel of counsel), for Jamestown Public Schools, respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

We hold that dismissal of an action for failure to comply with discovery orders is a dismissal "for neglect to prosecute the action" within the meaning of CPLR 205 (a). Therefore, these actions, filed after the dismissal of previous actions by the same plaintiffs, are not saved by CPLR 205 (a) from the bar of the statute of limitations.

Facts and Procedural History...

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