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Want to know if cases can be refiled

Order and decision states claims have been dismissed with prejudice. It then states. It is further ordered that plaintiff is prohibited from filing any new or additional motions, claims or complaints,arising out of the same facts alleged in this complaint, without the permission of the court. What exactly does that mean? This is an order and decision in small claims court.

Asked on September 26, 2018 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

What it means is what it sounds like: the plaintiff (person suing) cannot bring any new or additional legal actions based on the facts or events sued on in the case which was dismsised. Dismissal "with prejudice" means the case is fully over; you cannot sue again or refile. You *can* appeal the order if you are still in time to appear (check your state's court rules) and deeem it economically worthwhile (appeals can be a lot of work and expense); if you can convince an appeals court the decision was mistaken, they can undo the decision and send the matter back for a new trial.


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