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RAJI v. SG AMS. SEC., LLC

154174/19. Appeal No 12583. Case No. 2020-02800.

189 A.D.3d 514 (2020)

133 N.Y.S.3d 789

2020 NY Slip Op 07475

Mourad Raji, Appellant, v. SG Americas Securities, LLC, et al., Respondents.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Law Office of Carlos M. Carvajal, New York ( Carlos M. Carvajal of counsel), for appellant.

Kramer Levin Naftalis & Frankel LLP, New York ( Kevin B. Leblang of counsel), for respondents.

Concur—Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.

Plaintiff's prior federal action, in which he asserted timely claims under the New York State and City Human Rights Laws, was terminated by court order (see Fed Rules Civ Pro rule 41[a][2]). The prior action was thus not terminated by a voluntary discontinuance. As such, CPLR 205(a)'s saving provisions apply to render the instant complaint timely (see Extebank v Finkelstein, 188 A.D.2d 513

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