THE BRONX - A judge has dismissed a lawsuit that sought to keep grocery delivery service FreshDirect out of the Bronx.

The group South Bronx Unite had tried suing FreshDirect to prevent the company from building a distribution center in Port Morris. The group says the company won't pay air wages and its trucks will pollute the community. Yesterday, a judge threw the case out.

However, residents say they say they are not deterred by the judge's dismissal of their case. South Bronx Unite says it plans to appeal the judge’s ruling for the good of the community.

The new location is expected to open at the Harlem River yards in Port Morris in 2015.