Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05286
Greene v Five Towns Premier Rehabilitation & Nursing Ctr.
Read the official decision: 2026 NY Slip Op 05286
Holding The Appellate Division reversed the lower court’s order dismissing the complaint with prejudice, holding that a dismissal for lack of capacity to sue does not preclude the plaintiff from utilizing the six-month savings period under CPLR 205(a). The court determined that there is no restriction on the number of times a plaintiff may qualify for this statutory grace period when the prior dismissal was based solely on the failure to obtain letters of administration.
The court’s words
Dismissal of an action for lack of capacity to sue is not a dismissal on the merits
2026 NY Slip Op 05286, at the official text
there is no restriction on the number of times that a plaintiff may qualify for a six-month statutory grace period
2026 NY Slip Op 05286, at the official text
the court erred in directing that the dismissal of the complaint was with prejudice
2026 NY Slip Op 05286, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05286 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05286 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 492 |
Recommended citation
ESQ HQ, New York Law Watch, Greene v Five Towns Premier Rehabilitation & Nursing Ctr., 2026 NY Slip Op 05286 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05286/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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