Civil Court of the City of New York November 4, 1981 (Lyddy v. Ayling)

OPINION OF THE COURT

Jay Stuart Dankberg, J.

Is a dismissal “on the merits” when it results for failure of proof at the conclusion of a prima facie case? Are there circumstances — for example, requirements of purely technical proof (normally pro forma in nature) — when a court should give a “second bite at the apple” to the party commencing the litigation?