Ivory v. City of New York

Full title: PATRICK IVORY, JR., Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Feb 1, 1994

201 A.D.2d 274 (N.Y. App. Div. 1994)

608 N.Y.S.2d 822

Opinion

February 1, 1994

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).

Res judicata bars plaintiff's relitigation of the same facts which could have been presented in the prior CPLR article 78 proceeding (see, O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357). Plaintiff's contention that he did not receive effective assistance of counsel does not serve to vitiate the transactional analysis approach in determining when two claims are identical for purposes of applying the res judicata bar (see, Matter of Hodes v. Axelrod, 70 N.Y.2d 364, 372-373; compare, Schwartz v Public Adm'r of County of Bronx, 24 N.Y.2d 65, 72).

Concur — Sullivan, J.P., Ellerin, Kupferman, Rubin and Tom, JJ.