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SWEENEY v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE

6453, 118314/09

91 A.D.3d 420 (2012)

935 N.Y.S.2d 511

2012 NY Slip Op 12

JOSEPH SWEENEY, Respondent, v. NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, Appellant.

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

Decided January 3, 2012.

This action is barred by the doctrine of res judicata. Plaintiff's fraud claim, based upon the same harm and arising out of the same facts presented in a prior CPLR article 78 proceeding, could and should have been asserted in the prior proceeding (see generally Parker v Blauvelt Volunteer Fire Co., 93 N.Y.2d 343, 347-348 [1999]; Brooklyn Welding Corp. v City of New York, 198 A.D.2d 189...

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