Sweeney v. New York City Department of Health & Mental Hygiene

*421This action is barred by the doctrine of res judicata. Plaintiffs fraud claim, based upon the same harm and arising out of the same facts presented •in a prior CPLR article 78 proceeding, could and should have been asserted in the prior proceeding (see generally Parker v Blauvelt Volunteer Fire Co., 93 NY2d 343, 347-348 [1999]; Brooklyn Welding Corp. v City of New York, 198 AD2d 189 [1993], lv dismissed 83 NY2d 795 [1994]). Further, the relief sought in this action (i.e., lost civil servant benefits) could have been claimed and awarded in the article 78 proceeding as “incidental to the…