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YAN PING XU v. CITY OF NEW YORK

4528, 103544/09.

82 A.D.3d 559 (2011)

918 N.Y.S.2d 717

YAN PING XU, Appellant, v. CITY OF NEW YORK, Sued Herein as NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, Respondent.

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

Decided March 17, 2011.

Plaintiff previously raised her current claim under Civil Service Law § 75-b (whistleblower law) in a CPLR article 78 proceeding (see 22 Misc.3d 1116[A], 2009 NY Slip Op 50147[U] [2009], mod 77 A.D.3d 40 [2010]). At the time the order under review was decided, the motion court correctly held that the dismissal of the article 78 proceeding collaterally estopped plaintiff from raising the same claim in this action...

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