New York Court of Appeals
Yonkers Contracting Company, Inc. v. Port Authority Trans-Hudson Corporation
May 11, 199993 N.Y.2d 375
Summary
The New York Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's second action, holding that the one‑year filing requirement of Unconsolidated Laws § 7107 is a condition precedent that cannot be tolled under CPLR 205(a), and that the prior dismissal "with prejudice" constitutes a final judgment on the merits, barring tolling.