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HODGE v. HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION LOCAL 100 OF THE AFL-CIO

269 A.D.2d 330 (2000)

703 N.Y.S.2d 184

LEROY HODGE, Respondent, v. HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES UNION LOCAL 100 OF THE AFL-CIO et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 29, 2000.

The motion to dismiss was properly denied because plaintiff's 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 A.D.2d 781, 782). That the dismissal was not on the merits is plain from the court's statements that plaintiff's claims may have possessed merit but that the complaint was inartfully drafted...

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