What is the test for making a determination that a plaintiff has a right to sue for damages?

"New York", United States of America

The following excerpt is from Third Ave. R. R. Bridge, Borough of Manhattan, City of New York, In re, 21 N.Y.2d 293, 234 N.E.2d 445, 287 N.Y.S.2d 403 (N.Y. 1967):

As we have stated: 'It would be the occasion of great public injury if a determination thus made should be inconsiderately unsettled, and suffered to again become the subject of doubt'. (Lahr v. Metropolitan El. Ry. Co., supra, 104 N.Y. p. 287, 10 N.E. p. 530.)

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