Appellate Division of the Supreme Court of New York, 2007

Gregg v. Department of Education

Gregg v. Department of Education
Appellate Division of the Supreme Court of New York · Decided November 27, 2007
45 A.D.3d 485; 845 N.Y.S.2d 738
Gregg v. Department of Education

Opinion of the Court

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered October 13, 2006, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court correctly held that plaintiffs claim for unpaid wages, based on certain findings in an arbitration award and asserted by plaintiff in a CPLR article 75 proceeding that was brought to a final conclusion, is barred by the doctrine of res judicata (see O’Brien v City of Syracuse, 54 NY2d 353, 357 [1981]). We have considered and rejected plaintiff’s other contentions. Concur—Tom, J.P., Mazzarelli, Saxe, Marlow and Williams, JJ.

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