My question involves court procedures for the state of: New York
Taking a State Case to Federal Court
What is the name of your state (only U.S. law)? New York
A lawyer once told me that if you start a case in the State court and lose you can have "2 bites of the apple" by starting it again in Federal court.
I just did this and I am running into res judicata trouble.
I thought res judicata applied only within each court system, Federal or State, that the same case could be brought just not in the same court system.
But I guess not.
This is a civil rights "Separate of Church and State" case. I am pro se.
While in the State court they had taxed but not yet seized the church. The cause of action is the same, but the circumstances, facts have changed, the church has been seized, which now makes The Lemon Test violations more apparent.
Any ideas would be appreciated.
Also I lost in the State court because it said I had no "standing". Does that mean it was dismissed not "on the merits".
If so I should be able to have a second bite of the apple in the Federal courts according to Tanges v. Heidelberg N. Am., Inc., 93 N.Y.2d 48 (1999) which was dismissed due to "Statue of Limitations" which was deemed not "on the merits" and heard then in Federal court.