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SWEENEY v. NEW YORK CITY DEPT. OF HEALTH & MENTAL HYGIENE

118314/09.

2010 NY Slip Op 32661 (U)

JOSEPH SWEENEY, Plaintiff, v. NEW YORK CITY DEPARTMENT OF HEALTH and MENTAL HYGIENE, Defendant.

Supreme Court, New York County.

September 27, 2010.

DECISION AND ORDER

JANE S. SOLOMON, Judge.

Defendant, New York City Department of Health and Mental Hygiene, moves to dismiss the complaint pursuant to CPLR 3211(a)5 on the ground that plaintiff's claims are barred by the doctrines of collateral estoppel and res judicata.

According to the complaint (defendant's exhibit A), plaintiff passed a Civil Service examination and was hired in the competitive class position of Staff Analyst by defendant...

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