QUESTION

The decision on my civil case says dismissed. Not sure if it’s with or without prejudice. Can I refile the same case

Asked on May 18th, 2021 on Civil Litigation - New York
More details to this question:
Civil case only says dismissed
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can file.  The other side will probably move to dismiss based on the prior dismissal and you will litigate whether the prior dismissal was with or without prejudice.  If there really is no discussion of why your case was dismissed, and only a paper which says dismissed (which would be very strange and unlikely), it ws probaly on procedural grounds and would be without prejudice.
Answered on May 19th, 2021 at 8:06 AM

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