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MILLER v. LIVANIS

Index No. 112216/09. Appeal No. 12542. Case No. 2019-04441.

189 A.D.3d 446 (2020)

137 N.Y.S.3d 15

2020 NY Slip Op 07286

Adam Miller, Appellant, v. Olga Livanis, Respondent.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Wolin & Wolin, Jericho ( Alan E. Wolin of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( MacKenzie Fillow of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Gesmer, Kern, Shulman, JJ.

Plaintiff's action arose out of the same set of circumstances as his prior CPLR article 78 proceeding, and thus was barred on the grounds of res judicata (Anderson v New York City Dept. of Educ., 93 A.D.3d 538, 538 [1st Dept 2012], lv denied 20 N.Y.3d 852 [2012]). Both here and in the article 78 proceeding, plaintiff attacked Livanis's decision...

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