Pires v. Frota Oceanica Brasileira, S. A.

Order, Supreme Court, New York County (Edward J. Greenfield, J.), entered on or about June 3, 1993, which, to the extent appealed from, denied defendants’ motion for summary judgment, unanimously reversed, on the law, and the motion to dismiss granted, without costs.

The IAS Court erred in failing to hold that the March 13, 1981 dismissal of the Texas Federal court action for plaintiffs’ failure to prosecute precluded the instant action, since Federal Rules of Civil Procedure, rule 41 (b) permits such dismissal to operate as an adjudication upon the merits.

The Second Circuit appeal pending at…