Opinion
Argued May 15, 2000
July 24, 2000.
In an action pursuant to RPAPL article 15 to determine claims to real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gowan, J.), entered July 9, 1999, which granted the motion of the defendant John Chamberlain for summary judgment dismissing the complaint, and for partial summary judgment on his counterclaim to impose a sanction for frivolous conduct pursuant to 22 NYCRR 130-1.1.
Robert C. Crimmins, Riverhead, N.Y. (Donna M. Spicer and Linda D. Calder of counsel), for appellant.
Harvey A. Arnoff, Riverhead, N.Y. (Paul K. Siepmann of counsel), for respondent.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Derrick J. Robinson of counsel), for defendant County of Suffolk (no brief filed).
David J. Gillmartin, Jr., Town Attorney, Southampton, N.Y., for defendant Town of Southampton (no brief filed).
Before: SONDRA MILLER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly determined that this action is barred by the doctrine of res judicata. The instant action seeks the same relief sought in a prior action which was dismissed on the merits after a trial and culminated in a judgment dismissing the complaint on the merits (see, Parker v. Blauvelt Volunteer Fire Co., 93 N.Y.2d 343; Calestine v. Sterrer, 57 N.Y.2d 1030; Hyman v. Hillelson, 55 N.Y.2d 624; O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357).
In addition, in light of the plaintiff's penchant for repeatedly litigating the same issue, and her attempt to falsely claim that a different property was at issue in this action than was at issue in the prior action between the same parties, the Supreme Court properly determined that a sanction should be imposed (see, 22 NYCRR 130-1.1[c]; Murray v. National Broadcasting Co., 217 A.D.2d 651, 653; Frink v. Gellert Cutler, 209 A.D.2d 664).