Rizzuto then refiles the suit in New York state court. The court agrees and dismisses. Rizzuto refiles the same suit in the proper federal court. Despite the length of the evidentiary hearing, like determining personal jurisdiction, the only issue was whether the court had the power to hear the case. There was no discussion of the actual merits.
Summary judgment is a decision on the merits.
Dismissal for failure to state a claim is a decision on the merits.