In Plummer v. City Council Speaker Christine Quinn, No. 110813/2009, 2010 WL 2754082, at 6 (Sup. Ct. NY Cnty. June 24, 2010) the trial court held that dismissal of the federal action prevented the court from applying the CPLR 205(a) toll. The Plummer court stated that "as the dismissal of the federal action based on the summary judgment motion is a "final judgment on the merits," the toll provided under CPLR 205(a) does not apply." Id.