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MAZZA v. NEW YORK CITY POLICE DEPARTMENT

6 A.D.3d 186 (2004)

773 N.Y.S.2d 877

GARY MAZZA, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents.

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

April 1, 2004.

Inasmuch as the complaint in this action, alleging that defendants acted in bad faith to deprive plaintiff of disability retirement benefits, essentially echoes the petition previously withdrawn with prejudice in plaintiff's proceeding pursuant to CPLR article 78, this action is barred by the doctrine of res judicata (see Schwartzreich v E.P.C. Carting Co., 246 A.D.2d 439, 441 [1998]; Thomas v City of New York,

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