WALLACE v. CHENG (2026)

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about April 11, 2025, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Prior to the commencement of this action, a federal court dismissed plaintiff's race discrimination and hostile work environment claims brought under 42 USC § 1981 because it found that, among other things, he failed to plead that adverse employment action occurred under circumstances giving rise to an inference of discrimination and that similarly situated employees outside his protected class were treated preferentially (see e.g. Russell v. New York Univ., 42 NY3d 377, 385–386).  Accordingly, the court correctly determined that, under the particular circumstances of this case, plaintiff is collaterally estopped from bringing race discrimination claims under the City and State Human Rights Laws (HRL) (see Russell, 42 NY3d 377, 385–386 [2024];  see also Simmons–Grant v Quinn Emanuel Urquhart & Sullivan, LLP, 116 AD3d 134, 139–140 [1st Dept 2014] ).

Contrary to plaintiff's contentions, the federal court's dismissal was based on the same allegations as set forth in the instant complaint (see Buechel v. Bain, 97 N.Y.2d 295, 304 [2001], cert denied 535 U.S. 1096 [2002] ).  Moreover, he had a full and fair opportunity to oppose defendants' motion to dismiss his amended complaint in the federal court action (see 3 E. 54th St. N.Y., LLC v Patriarch Partners Agency Servs.  LLC, 110 AD3d 516, 517 [1st Dept 2013] ).

Since plaintiff is collaterally estopped from pursuing his State and City HRL claims, his aiding and abetting claims must be dismissed as well (see Strauss v New York State Dept. of Educ., 26 AD3d 67, 73 [3d Dept 2005] ).

Finally, res judicata bars plaintiff from relitigating his section 1981 claims, as the federal court dismissed these exact claims on the merits in the federal action (see Belton v. Borg & Ide Imaging, P.C., 220 AD3d 1174, 1175–1176 [4th Dept 2023] ).