Opinion
October 20, 1992
Appeal from the Supreme Court, New York County (Edward J. Greenfield, J.).
Using the "transactional analysis" approach, the court properly determined that all claims arising from plaintiff's dismissal as a student at New York Law School were barred by the doctrine of res judicata (see, O'Brien v City of Syracuse, 54 N.Y.2d 353, 357). The previous decision in the CPLR article 78 proceeding upheld the policy against judicial intervention in academic disputes regarding student evaluations absent evidence of "bad faith, arbitrariness, capriciousness, irrationality or a constitutional or statutory violation" (Matter of Susan M. v New York Law School, 76 N.Y.2d 241, 247).
In the prior proceeding, plaintiff could have sought damages arising from the alleged violation of contractual rights. CPLR 7806 "authorizes the court in an article 78 proceeding to grant * * * damages * * * that are incidental to the primary relief sought" if, as here, damages are recoverable on the same set of facts (Pauk v Board of Trustees, 111 A.D.2d 17, 21, affd 68 N.Y.2d 702).
We have examined plaintiff's remaining claims and find them to be without merit.
Concur — Sullivan, J.P., Carro, Milonas and Ross, JJ.