Assertion: petitioner | /r/CapableOf | recover on same set of facts
Facets:
value: in a separate action
type: MANNER
Source sentences:
text: Any restitution or damages granted to the petitioner, however, must be incidental to the primary relief sought by the petitioner, and must be such as he might otherwise recover on the same set of facts in a separate action or proceeding suable in New York State Supreme Court against the same administrative agency, public body or officer in its or his official capacity (CPLR 7806).
text: Any restitution or damages granted to the petitioner must be incidental to the primary relief sought by the petitioner, and must be such as he might otherwise recover on the same set of facts in a separate action or proceeding suable in the supreme court against the same body or officer in its or his official capacity.