Opinion
July 10, 1967
Order of the Supreme Court, Suffolk County, dated August 16, 1966, denying, upon reargument, defendants' motion to dismiss the complaint because of collateral estoppel and res judicata, modified by amending its first decretal paragraph so as to grant the motion as to the first five causes of action only, and so as otherwise to deny such motion. As so modified, order affirmed, without costs. The time to answer is extended until 20 days after entry of the order hereon. In our opinion, the first five causes of action are barred by the doctrine of res judicata since the questions presented by these causes of action, which were premised on a breach of contract theory, were necessarily determined in the prior judgment adjudicating the rights of the parties (cf. Statter v. Statter, 2 N.Y.2d 668, 672-673). There is such a measure of identity between these five causes of action and the prior relief requested by the plaintiffs that a different judgment here would impair the rights established by that first judgment ( Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N.Y. 304, 306-307). Christ, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.