Opinion
2250
November 19, 2002.
Order, Supreme Court, New York County (Helen Freedman, J.), entered July 12, 2001, which granted defendants-respondents' motion to dismiss the complaint as barred by the doctrine of res judicata, unanimously affirmed, with costs.
JOHN W. COBB, for Plaintiff-appellant.
KIMBERLY J. KOERNER, for Defendants-respondents.
Before: Williams, P.J., Nardelli, Rosenberger, Ellerin, Lerner, JJ.
Litigation in this action of plaintiff's causes against defendants-respondents, alleging constructive and actual eviction, is barred by the doctrine of res judicata, since the causes plaintiff would now litigate arise out of transactions that were the subject of litigation finally concluded against plaintiff in the courts of New Jersey (see O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.