Gropper v. 200 Fifth Owner LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Orders, Supreme Court, New York County (Shlomo S. Hagler, J.), entered March 14, 2016, which denied defendants’ motions to dismiss the complaint, unanimously reversed, on the law, without costs, the motions granted, and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Plaintiff’s state claims are barred by the doctrine of res judicata (regardless of whether the state or federal tests are applied), as he agreed to a dismissal with prejudice of the prior federal action alleging the same state claims (see EDP Med. Computer Sys., Inc. v United States, 480 F3d 621, 624…
2Cases cited11 opinions
- Edp Medical Computer Systems, Inc. v. United States of America, Docket No. 06-0106-CvCourt of Appeals for the Second Circuit · 2007
- MATTER OF JOSEY v. GoordNew York Court of Appeals · 2007
- Burke v. CrossonNew York Court of Appeals · 1995
- Carter v. Incorporated Village of Ocean BeachCourt of Appeals for the Second Circuit · 2014
- Marinelli Associates v. Helmsley-Noyes Co.Appellate Division of the Supreme Court of the State of New York · 2000
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