Skip to main content
INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC, 986 A.2d 506 (2009)

Citation
South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC, 986 A.2d 506 (2009)
Parent Document
South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC, 986 A.2d 506 (2009)
Jurisdiction
New Hampshire (state)
Effective Date
2009-12-16

Other Sections in This Document (62)

Full Text

420 chars
A judgment based upon a “plaintiffs failure to satisfy a precondition to suit, does not bar another action by the plaintiff instituted after ... the precondition has been satisfied.” Restatement (Second) of Judgments § 20(2) (1982). This rule applies whether the fact that a precondition has not been satisfied “appears on the face of the pleadings, as a result of pretrial discovery, or from the evidence at trial.” Id.