Quinlan v. New York City Fire Department

Appellate Division of the Supreme Court of New York

Quinlan v. New York City Fire Department

14 A.D.3d 320, 786 N.Y.S.2d 740, 2005 N.Y. App. Div. LEXIS 3

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

DecidedJanuary 4, 2005

StatusPublished

This text of 14 A.D.3d 320 (Quinlan v. New York City Fire Department) 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.

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Quinlan v. New York City Fire Department, 14 A.D.3d 320, 786 N.Y.S.2d 740, 2005 N.Y. App. Div. LEXIS 3 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Faviola A. Soto, J.), entered June 22, 2004, converting the action to a CPLR article 78 proceeding on defendant’s motion, dismissing the proceeding, and denying plaintiff’s cross motion to compel discovery, unanimously affirmed, without costs.

Regardless of the form of the action/proceeding, the stipulation and agreement, dated March 15, 2001, constitute a bar to the claims as alleged in the complaint (see Matter of Abramovich v Board of Educ. of Cent. School Dist. No. 1 of Towns of Brookhaven & Smithtown, 46 NY2d 450 [1979], cert denied 444 US 845 [1979]). Dismissal of this proceeding rendered plaintiff’s quest for discovery moot. Concur—Mazzarelli, J.P., Ellerin, Nardelli, Marlow and Catterson, JJ.

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Judgment, Supreme Court, New York County (Faviola A. Soto, J.), entered June 22, 2004, converting the action to a CPLR article 78 proceeding on defendant’s motion, dismissing the proceeding, and denying plaintiff’s cross motion to compel discovery, unanimously affirmed, without costs.

Regardless of the form of the action/proceeding, the stipulation and agreement, dated March 15, 2001, constitute a bar to the claims as alleged in the complaint (see Matter of Abramovich v Board of Educ. of Cent. School Dist. No. 1 of Towns of Brookhaven & Smithtown, 46 NY2d 450 [1979], cert denied 444 US 845 [1979]). Dismissal of this proceeding rendered plaintiff’s quest for discovery moot. Concur—Mazzarelli, J.P., Ellerin, Nardelli, Marlow and Catterson, JJ.

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Bluebook (online)

14 A.D.3d 320, 786 N.Y.S.2d 740, 2005 N.Y. App. Div. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinlan-v-new-york-city-fire-department-nyappdiv-2005.

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