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TROY v. CITY OF NEW YORK

6168 101885/15.

160 A.D.3d 410 (2018)

70 N.Y.S.3d 842

2018 NY Slip Op 02293

Suzannah B. Troy, Appellant, v. City of New York et al., Respondents.

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

Decided April 3, 2018.

Plaintiff's motion for a default judgment was properly denied. All of the named defendants appeared and answered the complaint with the exception of Sergeant Chen, and there is no proof that Chen was ever served with process.

The motion to dismiss was also properly granted. Plaintiff's federal claims are barred by the doctrine of res judicata, as they were dismissed on the merits in a prior federal action (Troy v City...

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