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GROPPER v. 200 FIFTH OWNER LLC

155437/15. 4360. 4359.

151 A.D.3d 635 (2017)

2017 NY Slip Op 05183

58 N.Y.S.3d 42

DAN GROPPER, Respondent, v. 200 FIFTH OWNER LLC et al., Appellants.

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

Decided June 27, 2017.

Plaintiff's state claims are barred by the doctrine of res judicata (regardless of whether the state or federal tests are applied), as he agreed to a dismissal with prejudice of the prior federal action alleging the same state claims (see EDP Med. Computer Sys., Inc. v United States, 480 F.3d 621, 624 [2d Cir 2007]; Insurance Co. of State of Pa. v HSBC Bank USA, 10 N.Y.3d 32, 38 n 3 [2008...

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