| Stanley v City of New York |
| 2016 NY Slip Op 00895 [136 AD3d 474] |
| February 9, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lamont Stanley et al., Appellants, v City of New York et al., Respondents. |
Law Office of Andrew C. Laufer, PLLC, New York (Andrew C. Laufer of counsel), for appellants.
Zachary W. Carter, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for respondents.
Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered October 15, 2014, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.
The doctrine of res judicata bars this action alleging violations of 42 USC §§ 1983 and 1985 stemming from plaintiffs' arrest in 2011. Plaintiffs could have raised their current claims in their prior action, which involved the same incident and parties (see Matter of Hunter, 4 NY3d 260, 269 [2005]). Although one of plaintiffs' claims was not dismissed on the merits in the prior action, they did not pursue that claim in this action. Concur—Friedman, J.P., Acosta, Andrias, Saxe and Feinman, JJ.