Legal Question in Civil Litigation in New York

Can a person file the same civil law suit against the same person if it was dismissed for the plaintiff not showing up??


Asked on 3/18/10, 8:47 am

1 Answer from Attorneys
Paula McGill Attorney at Law

It all depends. Was it dismissed with prejudice or without prejudice? If it was dismissed without prejudice, the planitiff can refile the lawsuit. If it was dismissed with prejudice, two possible recourses are (1) file a motion for reconsideration or (2) file an appeal.

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Answered on 3/23/10, 10:42 am


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