Mazza v. New York City Police Dept

Full title: GARY MAZZA, Plaintiff-Appellant, v. THE NEW YORK CITY POLICE DEPARTMENT…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 1, 2004

6 A.D.3d 186 (N.Y. App. Div. 2004)

773 N.Y.S.2d 877

Opinion

3304.

Decided April 1, 2004.

Order, Supreme Court, New York County (Faviola Soto, J.), entered February 26, 2003, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.

Alan E. Wolin for Plaintiff-Appellant.

Kristin M. Helmers for Defendant-Respondent.

Before: Mazzarelli, J.P., Andrias, Sullivan, Friedman, Marlow, JJ.

Inasmuch as the complaint in this action, alleging that defendants acted in bad faith to deprive plaintiff of disability retirement benefits, essentially echoes the petition previously withdrawn with prejudice in plaintiff's proceeding pursuant to CPLR article 78, this action is barred by the doctrine of res judicata ( see Schwartzreich v. E.P.C. Carting Co., Inc., 246 A.D.2d 439, 441; Thomas v. City of New York, 239 A.D.2d 180).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.