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Keywords: non-joinder dismissal, res judicata
Panel: Parker, Hall, and Lynch
Opinion by: Lynch
Appeal from: EDNY
Result below: Dismissed
Result: Vacated and remanded
non-joinder and res judicata
The question on appeal is whether dismissal for failure to join a party is an on-the-merits adjudication entitled to preclusive effect under New York law. Because non-joinder dismissal is without prejudice unless the dismissing court specifically states otherwise, CPLR ยง 1003; Nems Enter., Ltd. v. Seltaeb, Inc., 263 NYS 2d 525, 526 (1st Dept 1965), the district court erred in dismissing the federal complaint.
