November 30, 2021

DSB was successful in moving to dismiss a complaint made by a former East End Village employee alleging that the that the Village discriminated against him because of a disability and on the basis of sex.  The plaintiff had previously commenced an action against the Village in federal court alleging disability discrimination, which was dismissed.  The plaintiff commended a second action in Supreme Court, Suffolk County, based upon the same series of actions that were the subject of the amended complaint in the dismissed federal action.  The second action was dismissed for failure to state a claim upon which relief could be granted.  Then the plaintiff commenced this third action alleging additional facts of discrimination on the basis of sex.   The Supreme Court, Suffolk County, dismissed the third action holding that the court’s dismissal of the second action had preclusive effect in the third action because the plaintiff did not allege additional facts to remedy the deficiencies in his prior complaint.