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
CourtNew York Court of Appeals
DecidedJuly 23, 1946
StatusPublished
Cited by16 cases

This text of 68 N.E.2d 599 (Gundershein v. Bradley-Mahony Coal Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Bluebook (online)
68 N.E.2d 599, 295 N.Y. 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gundershein-v-bradley-mahony-coal-corp-ny-1946.