Home/New York Court of Appeals/Gundershein v. Bradley-Mahony Coal Corp.

Gundershein v. Bradley-Mahony Coal Corp.

68 N.E.2d 599, 295 N.Y. 539
New York Court of Appeals·Decided July 23, 1946·Published·Cited by 16 cases

Opinion

Per Curiam.

The judgment dismissing the prior action brought in behalf of the infant plaintiff was ordered because of failure of diligent prosecution by the guardian ad litem. *541 Since that judgment was not rendered upon the merits, it does not prevent the present action for the same cause of action (Civ. Prac. Act, § 482). Hence the present action, which was commenced within the period of the plaintiff’s infancy, is not barred by the Statute of Limitations (Civ. Prac. Act, § 49, subd. 6; § 60, subds. 1, 3).

The judgments should be reversed and the motions denied, with costs in all courts.

Loughran, Ch. J., Lewis, Conway, Desmond, Thaoher, Dye and Fuld, JJ., concur.

judgments reversed, etc.

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Gundershein v. Bradley-Mahony Coal Corp., 68 N.E.2d 599, 295 N.Y. 539 (N.Y. 1946).

68 N.E.2d 599 (Gundershein v. Bradley-Mahony Coal Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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