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DIPOUMBI v. NEW YORK CITY POLICE DEPARTMENT

3964. 151129/12.

150 A.D.3d 467 (2017)

2017 NY Slip Op 03852

51 N.Y.S.3d 872

WARMANN E. DIPOUMBI, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents.

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

Decided May 11, 2017.

Plaintiff has conceded the nonviability of his claim for prima facie tort.

Plaintiff's remaining claims were barred by the doctrine of res judicata (regardless of whether the state or federal tests are applied), as they were dismissed on the merits in a prior federal action (see Dipoumbi v City of New York, 2011 WL 5966461, 2011 US Dist LEXIS 137206 [SD NY, Nov. 28, 2011, No. 09 Civ 10162 (KBF) (DCF)]; Insurance...

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