LAVERN SANDERS plf-ap, v. GRENADIER REALTY, INC. defres, DOES 1 THROUGH 10, ETC., def

8973. LAVERN SANDERS plf-ap, v. GRENADIER REALTY, INC. defres, DOES 1 THROUGH 10, ETC., def — Umoh Law Firm, PLLC, Brooklyn (Nkereuwem Umoh of counsel), for ap — Brody, Benard & Branch, LLP, New York (Mary Ellen O'Brien of counsel), for Grenadier Realty, Inc., res — Landman Corisi Ballaine & Ford P.C., New York (Sophia Ree of counsel), for Stevenson Commons, Inc., res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 23, 2010, which dismissed the complaint on the grounds that it was barred by res judicata, and declined to permit plaintiffs leave to amend the complaint, unanimously affirmed, Without costs.

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8973. LAVERN SANDERS plf-ap, v. GRENADIER REALTY, INC. defres, DOES 1 THROUGH 10, ETC., def — Umoh Law Firm, PLLC, Brooklyn (Nkereuwem Umoh of counsel), for ap — Brody, Benard & Branch, LLP, New York (Mary Ellen O’Brien of counsel), for Grenadier Realty, Inc., res — Landman Corisi Ballaine & Ford P.C., New York (Sophia Ree of counsel), for Stevenson Commons, Inc., res — Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered December 23, 2010, which dismissed the complaint on the grounds that it was barred by res judicata, and declined to permit plaintiffs leave to amend the complaint, unanimously affirmed, Without costs.

Plaintiffs have abandoned their federal law claims on appeal (see Richbell Info. Servs. v. Jupiter Partners, 309 AD2d 288, 308 [1st Dept 2003]). Even had plaintiffs not abandoned those claims, they were properly barred on res judicata grounds, as the Federal District Court, the first forum in which plaintiffs pursued their action against defendants, dismissed their claims for failure to state a cause of action. This dismissal constitutes a dismissal on the merits (see McKinney v. City of New York, 78 AD2d 884, 885 [2d Dept 1980]; see also Schneider v. David, 197 AD2d 363 [1st Dept 1993]).

LAVERN SANDERS plf-ap, v. GRENADIER REALTY, INC. defres, DOES 1 THROUGH 10, ETC., def

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