This is called a dismissal without prejudice. There are three ways to deliver legal papers to start a case.Please be advised that the forms detailed below are intended to be a guide and as such do not address every possible situation. The Village Board of the Village of Nassau finds that public nuisances exist in the Village of Nassau in the operation of certain commercial establishments. This dismissal is to be without prejudice. Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer. This article is for attorneys making a motion for summary judgment in New York state court under Rule 3212 of the Civil Practice Law and Rules. Rule 1.01 Purpose, Scope, and Definitions. A legal liability exists for the charges made to the individual for the services given in the absence of insurance. The judge could dismiss the case without prejudice and make you start your lawsuit all over again.