Dipoumbi v. New York City Police Department

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered March 8, 2016, which, after the submission of trial memoranda and oral argument, dismissed the complaint without trial, unanimously affirmed, without costs.

Plaintiff has conceded the nonviability of his claim for prima facie tort.

Plaintiff’s remaining claims were barred by the doctrine of res judicata (regardless of whether the state or federal tests are applied), as they were dismissed on the merits in a prior federal action (see Dipoumbi v City of New York, 2011 WL 5966461, 2011 US Dist LEXIS 137206 [SD NY, Nov. 28, 2011,…