Fearful of releasing a “new tributary in the law,” the New York Court of Appeals ruled Thursday that New York’s “savings” statute does not allow a corporation to refile an action that was dismissed for naming the wrong plaintiff.
In separate rulings Thursday, the court also thwarted the state comptroller’s attempts to extend his pre- and post-audit oversight authority to the state Insurance Department’s Liquidation Bureau and held that counsel fees cannot be apportioned in permanent, partial workers’ compensation disability cases because future benefit payments are speculative.
