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MURPHY v. CITY OF NEW YORK

270 A.D.2d 209 (2000)

704 N.Y.S.2d 818

JAMES P. MURPHY, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 30, 2000.

We assume in plaintiff's favor that he did not lose standing to maintain this action by reason of the subsequent appointment of a Mental Hygiene Law article 81 guardian for him (see, Mitsinicos v New Rochelle Nursing Home, 258 A.D.2d 630), but nevertheless affirm on the ground of res judicata. The relief plaintiff seeks, namely, reinstatement to his former position as a police officer, could have been sought in the prior action brought...

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