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PRICE v. CITY OF NEW YORK

5 A.D.3d 206 (2004)

772 N.Y.S.2d 816

PATRICK PRICE et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

March 11, 2004.

The claims of these former Housing Authority police officers—who became employees of the New York City Police Department as a result of the merger of the departments in 1995—to elect certain lump-sum payments upon retirement were barred by res judicata (O'Brien v City of Syracuse, 54 N.Y.2d 353, 357 [1981]) and collateral estoppel (D'Arata v New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659

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