THOMAS v. CITY OF NEW YORK


239 A.D.2d 180 (1997)

657 N.Y.S.2d 634

Phyllis Thomas, Respondent, v. City of New York et al., Appellants

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

May 8, 1997


Plaintiff's 42 USC § 1983 claims should have been dismissed in accordance with the doctrines of res judicata and collateral estoppel, insofar as they sought damages for loss of pay due to termination of employment or for denial of tenured position, and, with regard to the remainder of such claims, for failure to state a cause of action.

In plaintiff's prior CPLR article 78 proceeding, the court held that she had no entitlement to the position of correction officer...

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