Brown v. New York City Dept. of Correction Officers Captain S. Tia

Appellate Division of the Supreme Court of New York

Brown v. New York City Dept. of Correction Officers Captain S. Tia

2017 NY Slip Op 2741, 149 A.D.3d 455, 49 N.Y.S.3d 626

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 6, 2017

Docket3657 308662/11

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 2741 (Brown v. New York City Dept. of Correction Officers Captain S. Tia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. New York City Dept. of Correction Officers Captain S. Tia, 2017 NY Slip Op 2741, 149 A.D.3d 455, 49 N.Y.S.3d 626 (N.Y. Ct. App. 2017).

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Opinion

Order, Supreme Court, Bronx County (Eddie J. McShan, J.), *456 entered October 15, 2015, which granted defendants’ motion to dismiss the complaint as barred by he doctrine of res judicata, unanimously affirmed, without costs.

The motion court correctly found that this action is barred by res judicata, since plaintiff brought a prior action in Queens County arising out of the same transactions (see O’Brien v City of Syracuse, 54 NY2d 353, 357 [1981]; Elias v Rothschild, 29 AD3d 448 [1st Dept 2006]). That plaintiff’s original suit in Queens County named only municipal defendants, and not those defendants’ employees is of no matter, as the claims against those individuals could have been brought (see O’Brien at 357), and the employees are in privity with the prior defendants (see Green v Santa Fe Indus., 70 NY2d 244, 253 [1987]).

Concur — Renwick, J.P., Mazzarelli, Manzanet-Daniels, Fein-man and Webber, JJ.

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Order, Supreme Court, Bronx County (Eddie J. McShan, J.), *456 entered October 15, 2015, which granted defendants’ motion to dismiss the complaint as barred by he doctrine of res judicata, unanimously affirmed, without costs.

The motion court correctly found that this action is barred by res judicata, since plaintiff brought a prior action in Queens County arising out of the same transactions (see O’Brien v City of Syracuse, 54 NY2d 353, 357 [1981]; Elias v Rothschild, 29 AD3d 448 [1st Dept 2006]). That plaintiff’s original suit in Queens County named only municipal defendants, and not those defendants’ employees is of no matter, as the claims against those individuals could have been brought (see O’Brien at 357), and the employees are in privity with the prior defendants (see Green v Santa Fe Indus., 70 NY2d 244, 253 [1987]).

Concur — Renwick, J.P., Mazzarelli, Manzanet-Daniels, Fein-man and Webber, JJ.

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Bluebook (online)

2017 NY Slip Op 2741, 149 A.D.3d 455, 49 N.Y.S.3d 626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-new-york-city-dept-of-correction-officers-captain-s-tia-nyappdiv-2017.

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