New York Court of Appeals
Landau, P.C., as Successor, by Change of Name, to Morris J. Eisen, P.C., Appellant, Plaintiff v. LaRossa…
June 25, 200811 N.Y.3d 8
Summary
The New York Court of Appeals reversed the Appellate Division and held that a dismissal "without prejudice" does not have res judicata effect, that the successor corporation Landau, P.C. regained capacity after curing its dissolution, and that res judicata does not apply when the prior judgment was limited to standing and capacity issues.