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April 28, 2023

The litigation of a CPLR Article 78 petition determined to be barred by the doctrine of res judicata

The Doctrine of Res Judicata prevents a party from bringing a claim once that particular claim has been subjected to a final judgment in earlier litigation where:

(1) the parties are the same; 

(2) the subject matter of the claim is the same; 

(3) the issues are the same and relate to the same subject matter; and 

(4) the capacities of the parties are the same with respect to the subject matter and the issues presented.

The Appellate Division held that the instant CPLR Article 78 proceeding was barred pursuant to the doctrine of res judicata.

Citing Matter of Police Benevolent Assoc. of The City of New York, Inc. v de Blasio, Supreme Court, Richmond County, Feb. 16, 2022, the Appellate Division held that the matters raised in the instant Article 78 petition were the subject of a prior Article 78 proceeding in Richmond County in which Supreme Court issued a valid final judgment on the merits, denying the petition and dismissing the proceeding.

Furthermore, opined the Appellate Division, "the claims in this proceeding are substantially similar to claims that the court in the Richmond County proceeding declined to address on the grounds that they were raised for the first time in reply" which petitioners could have raised by including them in the petition or by seeking leave to amend the petition.

Click HERE to access the Appellate Division's decision posted on the Internet.

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