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IVORY v. CITY OF NEW YORK

201 A.D.2d 274 (1994)

608 N.Y.S.2d 822

Patrick Ivory, Jr., Appellant, v. City of New York et al., Respondents

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

February 1, 1994

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 N.Y.2d 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...

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