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DOBKIN, M.D. v. NEW YORK UNIVERSITY

278 A.D.2d 24 (2000)

717 N.Y.S.2d 173

BONNIE L. DOBKIN, M.D., Respondent-Appellant, v. NEW YORK UNIVERSITY et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 7, 2000.

Plaintiff's cause of action for breach of contract is barred by res judicata since she could have sought incidental damages for breach of contract in her previously litigated petition pursuant to CPLR article 78 (see, Pauk v Board of Trustees of City Univ., 111 A.D.2d 17, affd 68 N.Y.2d 702).

Plaintiff's motion to amend her complaint to add causes of action in defamation should,...

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