Practice point: CPLR 205(a) provides that when an action is dismissed on grounds
other than voluntary discontinuance, lack of personal jurisdiction,
neglect to prosecute, or a final judgment on the merits, the plaintiff
may bring a new action within six months of the dismissal, even though
the action would otherwise be barred by the statute of limitations.
Student note: The six-month period runs from the date of termination of
the earlier action, which in this case was the entry of the order.
Case: Ross v. Jamaica Hosp. Med. Ctr., NY Slip Op 07490 (2d Dept. 2014)
Here is the decision.
Monday's issue: CPLR 3103(a) and an infant plaintiff's deposition.
