From Casetext: Smarter Legal Research

Murray v. Morelli

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 604 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Kings County (Levine, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that its prior dismissal of a similar action between the parties was based on the plaintiff's neglect to prosecute (see, Flans v. Federal Ins. Co., 43 N.Y.2d 881; Keel v. Parke, Davis Co., 72 A.D.2d 546, affd 50 N.Y.2d 833; Ivory v. Eckstrom, 98 A.D.2d 763; Kelly v Rosenthal, 176 A.D.2d 283). Accordingly, the plaintiff was not entitled to the six-month savings provision contained in CPLR 205 (a), and her present action was properly dismissed as time barred. Rosenblatt, J.P., O'Brien, Ritter and Florio, JJ., concur.


Summaries of

Murray v. Morelli

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 604 (N.Y. App. Div. 1994)
Case details for

Murray v. Morelli

Case Details

Full title:MICHELLE MURRAY, Appellant, v. RALPH E. MORELLI, P.C., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 1994

Citations

208 A.D.2d 604 (N.Y. App. Div. 1994)
618 N.Y.S.2d 245

Citing Cases

Ajlaimo v. Velco Enterprises

Ordered that the order is affirmed insofar as appealed from, with costs. A prior action by the plaintiffs…