Effect of judgment dismissing claim
Rule 5013. Effect of judgment dismissing claim. A judgment dismissing a cause of action before the close of the proponent's evidence is not a dismissal on the merits unless it specifies otherwise, but a judgment dismissing a cause of action after the close of the proponent's evidence is a dismissal on the merits unless it specifies otherwise.
A dismissal before the proponent closes its evidence is not on the merits (unless it says so); a dismissal after the proponent closes its evidence is on the merits (unless it says otherwise). ★ "On the merits" matters because it blocks re-suing.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.