· 8/16/1961
In re the Estate of Vandemark
Citations
- 30 Misc. 2d 471
- 219 N.Y.S.2d 284
- 1961 N.Y. Misc. LEXIS 2487
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that dismissal based on “defect in subject matter jurisdiction . . . must be one without prejudice.”
- explaining that dismissals for lack of subject matter jurisdiction must be without prejudice
- explaining that dismissals for lack of subject-matter jurisdiction must be without prejudice
- “A dismissal for lack of standing—or any defect in subject matter jurisdiction—must be one without prejudice, because a court has no power to adjudicate and dispose of a claim on the merits.” (cleaned up)
- “We review de novo a district court’s dismissal of a complaint for want of Article III standing to sue — and thus for lack of subject matter jurisdiction — under Federal Rule of Civil Procedure 12(b)(1).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tucker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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