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A DISMISSAL FOR FAILURE TO STATE A CLAIM IS NOT ON THE MERITS AND HAS NO RES JUDICATA EFFECT (FIRST DEPT).

The First Department noted that a dismissal for failure to state a claim is not on the merits and therefore does not have res judicata effect:

To the extent defendants rely on the doctrine of res judicata, this reliance is misplaced because a dismissal under CPLR 3211(a)(7) for failure to state a claim is not a dismissal on the merits with res judicata effect … .  Wilder v Fresenius Med. Care Holdings, Inc., 2023 NY Slip Op 01978, First Dept 4-18-23

Practice Point: A dismissal pursuant to CPLR 3211(a)(7) is not on the merits and therefore has no res judicata effect.

 

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