Hanrahan v. Riverside Nursing Home, No. 09-0585

In an employment discrimination action, the dismissal of the complaint based on the res judicata effect of a prior state administrative proceeding is vacated where the state court's dismissal was not a decision on the merits that would preclude the filing of a renewed state court action.

Read Hanrahan v. Riverside Nursing Home, No. 09-0585

Appellate Information

Argued: November 2, 2009

Decided: January 25, 2010

Judges

Opinion by Judge Lynch

Counsel

For Appellant:

Anthony C. Donofrio, Massapequa, NY

For Appellee:

Roger H. Briton and Ian B. Bogaty, Jackson Lewis LLP, Melville, NY