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BELFORD v. SCHORSCH

256 A.D.2d 259 (1998)

682 N.Y.S.2d 397

RICHARD BELFORD, Appellant, v. MARGARET A. SCHORSCH et al., Respondents, et al., Defendant.

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

Decided December 29, 1998.

Plaintiff's causes of action for false arrest, malicious prosecution and abuse of process were properly dismissed. The doctrine of res judicata bars plaintiff from relitigating the first two claims, as they have already been asserted by plaintiff and concluded against him in a prior action (see, O'Brien v City of Syracuse, 54 N.Y.2d 353, 357). The abuse of process claim is also res judicata as it arises out of the same transaction...

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