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Wednesday, March 21, 2012

Court dismisses lawsuit by applying the Doctrine of Res Judicata

Court dismisses lawsuit by applying the Doctrine of Res Judicata
Anderson v New York City Dept. of Educ., 2012 NY Slip Op 02056, Appellate Division, First Department

A former probationary teacher file an Article 78 petition challenging his termination from his position while still serving as a probationer. Supreme Court granted the NYC Department of Education’s motion to dismiss the complaint and the former teacher appealed.

The Appellate Division sustained the lower court’s ruling, explaining that the individual’s action was barred by the Doctrine of Res Judicata.*

The Appellate Division said that the former teacher's action in this case was based on the same set of circumstances as his prior Article 78 proceeding, which had been dismissed.

Citing O'Brien v City of Syracuse, 54 NY2d 353, the court said that once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, “even if based upon different theories or if seeking a different remedy"

* Latin: “a matter judged." Res judicata is the principle that, as a general rule, an issue may not be relitigate in the same or a different tribunal once it has been judged on the merits by a court of competent jurisdiction.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_02056.htm

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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