Sakhuja v. New York Medical College

Full title: VIJAY SAKHUJA, Appellant, v. NEW YORK MEDICAL COLLEGE et al., Respondents

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

Date published: Mar 19, 1996

225 A.D.2d 391 (N.Y. App. Div. 1996)

640 N.Y.S.2d 14

Opinion

March 19, 1996

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

Plaintiff is collaterally estopped from asserting the allegations underlying his causes of action for false arrest, malicious prosecution and defamation, having unsuccessfully litigated the very same facts in his Federal court action for civil rights violations ( Kaufman v Eli Lilly Co., 65 N.Y.2d 449, 455; Zarcone v Perry, 78 A.D.2d 70, 77-79, affd 55 N.Y.2d 782, cert denied 456 U.S. 979). Moreover, except for plaintiff's claim for false arrest as against the municipal defendants, we also agree with the IAS Court that the action is, in any event, time-barred.

Concur — Murphy, P.J., Milonas, Rosenberger, Ross and Mazzarelli, JJ.