Sakhuja v. New York Medical College

Appellate Division of the Supreme Court of New York

Sakhuja v. New York Medical College

225 A.D.2d 391, 640 N.Y.2d 14, 640 N.Y.S.2d 14, 1996 N.Y. App. Div. LEXIS 2696

Appellate Division of the Supreme Court of the State of New York·Decided March 19, 1996·Published·Cited by 1 cases

Opinion

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 NY2d 449, 455; Zar[392] cone v Perry, 78 AD2d 70, 77-79, affd 55 NY2d 782, cert denied 456 US 979). Moreover, except for plaintiffs 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.

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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 NY2d 449, 455; Zar[392] cone v Perry, 78 AD2d 70, 77-79, affd 55 NY2d 782, cert denied 456 US 979). Moreover, except for plaintiffs 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.

Sakhuja v. New York Medical College, 225 A.D.2d 391, 640 N.Y.2d 14, 640 N.Y.S.2d 14, 1996 N.Y. App. Div. LEXIS 2696 (N.Y. Ct. App. 1996).

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225 A.D.2d 391 (Sakhuja v. New York Medical College) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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