BROWN v. NEW YORK CITY DEPT. OF CORRECTION

3657, 308662/11.

149 A.D.3d 455 (2017)

2017 NY Slip Op 02741

49 N.Y.S.3d 626

JONATHAN BROWN, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTION, S. Tia et al., Officers, Respondents.

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

Decided April 6, 2017.


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 N.Y.2d 353, 357 [1981]; Elias v Rothschild, 29 A.D.3d 448 [1st Dept 2006]). That plaintiff's original suit in Queens County named only municipal defendants, and not those defendants' employees...

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