Glambosky, Honig and Bholan Obtain Dismissal of Complaint Against Client

October 9, 2017 | Real Estate, Zoning & Land Use | Commercial Litigation | Construction

Erez Glambosky, Jeremy Honig and Michelle Bholan prevailed in obtaining dismissal of a complaint filed by a former employee of our client alleging that she was unlawfully terminated.

After voluntarily discontinuing an identical prior action against our client with prejudice pursuant to a Stipulation of Discontinuance, counsel for the former employee commenced a new action against our client seeking the same relief as in the prior action.  Glambosky, Honig and Bholan moved on behalf of the client to dismiss the new action, arguing that the prior Stipulation of Discontinuance with prejudice against our client precluded the commencement of a new action seeking the same relief.

Counsel for the former employee cross-moved for an order vacating the prior Stipulation of Discontinuance with Prejudice and directing our client to answer the complaint, alleging that she had signed the Stipulation of Discontinuance with Prejudice in error and had only intended to discontinue the prior action against our client without prejudice.

The Court, relying upon the doctrines of res judicata and collateral estoppel, granted our client’s motion to dismiss in its entirety and denied plaintiff’s cross-motion in its entirety, finding that the prior Stipulation of Discontinuance with Prejudice precluded plaintiff from commencing the instant action for the same relief.

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