Opinion
December 8, 1998
Appeal from the Supreme Court, New York County (Sheila Abdus-Salaam, J.).
Defendants were granted summary judgment dismissing plaintiffs complaint in its entirety on January 10, 1995 ( Brown v. Christopher St. Owners Corp., 211 A.D.2d 441). The Court of Appeals affirmed, noting that the parties had not addressed the dismissal of plaintiffs claim under Labor Law § 202 Lab. ( Brown v. Christopher St. Owners Corp., 87 N.Y.2d 938). Plaintiff's subsequent action under Labor Law § 202 Lab. was properly dismissed on res judicata grounds because the second action arose out of the same transaction ( see, O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357-358; Thomas v. City of New York, 239 A.D.2d 180; Brooklyn Welding Corp. v. City of New York, 198 A.D.2d 189, lv dismissed 83 N.Y.2d 795) and the earlier grant of summary judgment to defendants resulted in a final judgment on the merits ( see, Collins v. Bertram Yacht Corp., 42 N.Y.2d 1033; Vinci v. Northside Partnership, 250 AID2d 965).
Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.