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.
Argued: November 2, 2009
Decided: January 25, 2010
Opinion by Judge Lynch
Anthony C. Donofrio, Massapequa, NY