Ellentuck v. Klein

I concur in the affirmance of the order dismissing the complaint and join in Judge Moore’s reasoning with respect to plaintiffs’ third and fourth causes of action under § 1983. I believe, however, that the first and second causes of action ought to be dismissed for reasons other than those relied on by Judge Moore.

I

Part V of Judge Moore’s opinion holds that the second and third causes of action in the Ellentuck complaint are barred by res judicata and collateral estoppel, as well as by comity. I do not agree that res judicata or collateral estoppel principles are applicable to those counts on…