Ivory v. City of New York

Appellate Division of the Supreme Court of New York

Ivory v. City of New York

201 A.D.2d 274, 608 N.Y.S.2d 822, 1994 N.Y. App. Div. LEXIS 806

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

DecidedFebruary 1, 1994

StatusPublished

This text of 201 A.D.2d 274 (Ivory v. City of New York) 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

Ivory v. City of New York, 201 A.D.2d 274, 608 N.Y.S.2d 822, 1994 N.Y. App. Div. LEXIS 806 (N.Y. Ct. App. 1994).

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Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered September 4, 1992, which granted defendants’ motion to dismiss the complaint on the ground of res judicata, unanimously affirmed, without costs.

Res judicata bars plaintiff’s relitigation of the same facts which could have been presented in the prior CPLR article 78 proceeding (see, O'Brien v City of Syracuse, 54 NY2d 353, 357). Plaintiff’s contention that he did not receive effective assistance of counsel does not serve to vitiate the transactional analysis approach in determining when two claims are identical for purposes of applying the res judicata bar (see, Matter of Hodes v Axelrod, 70 NY2d 364, 372-373; compare, Schwartz v Public Adm’r of County of Bronx, 24 NY2d 65, 72). Concur— Sullivan, J. P., Ellerin, Kupferman, Rubin and Tom, JJ.

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Order, Supreme Court, New York County (Alice Schlesinger, J.), entered September 4, 1992, which granted defendants’ motion to dismiss the complaint on the ground of res judicata, unanimously affirmed, without costs.

Res judicata bars plaintiff’s relitigation of the same facts which could have been presented in the prior CPLR article 78 proceeding (see, O'Brien v City of Syracuse, 54 NY2d 353, 357). Plaintiff’s contention that he did not receive effective assistance of counsel does not serve to vitiate the transactional analysis approach in determining when two claims are identical for purposes of applying the res judicata bar (see, Matter of Hodes v Axelrod, 70 NY2d 364, 372-373; compare, Schwartz v Public Adm’r of County of Bronx, 24 NY2d 65, 72). Concur— Sullivan, J. P., Ellerin, Kupferman, Rubin and Tom, JJ.

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Bluebook (online)

201 A.D.2d 274, 608 N.Y.S.2d 822, 1994 N.Y. App. Div. LEXIS 806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivory-v-city-of-new-york-nyappdiv-1994.

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