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ANDERSON v. NEW YORK CITY DEPARTMENT OF EDUCATION

7141, 108913/09.

93 A.D.3d 538 (2012)

939 N.Y.S.2d 857

2012 NY Slip Op 2056

WILLIAM ANDERSON, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent.

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

Decided March 20, 2012.

The complaint was properly dismissed as barred by the doctrine of res judicata. Plaintiff's action arose out of the same set of circumstances as his prior CPLR article 78 proceeding, which was dismissed. "[O]nce a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy" (O'Brien v City of Syracuse, 54 N.Y...

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