Cases which are dismissed may, under certain circumstances, be “recommenced” pursuant to CPLR 205[a]. If the case was filed timely, and was not dismissed on the merits, or for failure to prosecute, and is recommenced within 6 months, it may still be viable.
For a discussion on this principle, see: Marinelli v. Sroka, 8 Misc 3 863 [Sup.Ct.Nassau, 2005]