Legal Opinion
Hodge v. Hotel Employees & Restaurant Employees Union Local 100 of the AFL-CIO
Appellate Division of the Supreme Court of the State of New York
Decided February 29, 2000PublishedCited by 15 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 15, 1998, which denied defendants’ motion to dismiss the complaint on the grounds of res judicata and as time-barred, unanimously affirmed, without costs.
The motion to dismiss was properly denied because plaintiffs previous complaint of age discrimination in employment was dismissed for failure to state a cause of action, and not on the merits (see, Amsterdam Sav. Bank v Marine Midland Bank, 140 AD2d 781, 782). That the dismissal was not on the merits is plain from the court’s statements that plaintiffs claims may have…
2Cases cited4 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Rapp v. LauerAppellate Division of the Supreme Court of the State of New York · 1994
- Amsterdam Savings Bank v. Marine Midland BankAppellate Division of the Supreme Court of the State of New York · 1988
- Stephenson v. Hotel Employees & Restaurant Employees Union Local 100Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by15 opinions
- Viafax Corp. v. Citicorp Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Board of Managers of the 195 Hudson Street Condominium v. Jeffrey M. Brown Associates, Inc.District Court, S.D. New York · 2009
- National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
- NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
- City of New York v. Beretta U.S.A. Corp.District Court, E.D. New York · 2004
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