SAKHUJA v. NEW YORK MEDICAL COLLEGE

Plaintiff is collaterally estopped from asserting the allegations underlying his causes of action for false arrest, malicious prosecution and defamation, having unsuccessfully litigated the very same facts in his Federal court action for civil rights violations ( Kaufman v Eli Lilly Co., 65 N.Y.2d 449, 455; Zarcone v Perry, 78 A.D.2d 70, 77-79, affd 55 N.Y.2d 782, cert denied 456 U.S. 979). Moreover, except for plaintiff's claim for false arrest as against the municipal defendants, we also agree with the IAS Court that the action is, in any event, time-barred.

Concur — Murphy, P.J., Milonas, Rosenberger, Ross and Mazzarelli, JJ.