Eastbrook Caribe, A.V.V. v. Fresh Del Monte Produce, Inc.

*297Order, Supreme Court, New York County (Charles E. Ramos, J.), entered January 16, 2004, which granted defendants’ motion for dismissal of the complaint; order, same court and Justice, entered March 29, 2004, which, insofar as appealed from, denied plaintiff’s motion for renewal; and order, same court and Justice, entered April 28, 2004, which denied plaintiff’s motion for leave to serve an amended complaint, unanimously affirmed, with costs.

Under the particular circumstances presented, the preanswer dismissal of the complaint was proper. Plaintiff had engaged in litigation in New York courts…