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" ... without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits ; the plaintiff, or, if he dies,... "
The New York Supplement - Page 406
1913
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Laws of the State of New York, Volume 2

New York (State) - 1876 - 398 pages
...upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termina. tion. junction '" § ^^'...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 pages
...upon the merits; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination. Code Pro., § 104, amended....
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 pages
...upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination. - §406. Where the commencement...
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1880 - 668 pages
...upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited and within one year after such a reversal or termination. [Co. Proc., § 104, adding...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, aud within one year after such a reversal or termination. Id., J 104. See Lang...
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A Treatise on the Limitation of Actions at Law and in Equity: With an ...

Horace Gay Wood - 1882 - 990 pages
...upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination. Id. § 104. See Lang...
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The Pacific Reporter, Volume 99

1909 - 1164 pages
...upon the merits; the plaintiff, or, if he dies, and the cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such reversal or termination." This court in Glass v....
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 pages
...of the time limited for the commencement of the action. cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination. • § 406. Where the...
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Parson's Complete Annotated Pocket Code: The New York Code of Civil ...

New York (State) - 1890 - 1656 pages
...upon the merits ; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and withiu one year after such a reversal or termination. Id., j 104. See Lang...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 88

New York (State). Courts, Francis Blaine Delehanty, Austin B. Griffin, Edward Jordan Dimock, Robert George Scherer, Joseph Albert Lawson, William Van Rensselaer Erving, Louis J. Rezzemini, Charles Cook Lester - 1915 - 804 pages
...upon the merits; the plaintiff, or, if he dies, and the cause of action survives, his representative, may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination." The cause of action...
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