Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.