Opinion
April 12, 1999
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Ordered that the cross appeal is dismissed as academic in light of our determination of the appeal; and it is further,
Ordered that the order is reversed insofar as appealed from, on the law, the motion of the defendant Alexis Quartararo to dismiss the complaint insofar as asserted against her is granted, upon searching the record, summary judgment is granted to the defendants William A. Nichols and Regina Nichols, and the complaint is dismissed in its entirety; and it is further,
Ordered that the defendant Alexis Quartararo is awarded. one bill of costs.
Pursuant to the doctrine of res judicata, "once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy" ( O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357; see also, Smith v. Russell Sage Coll., 54 N.Y.2d 185; Matter of Reilly v. Reid, 45 N.Y.2d 24; Coliseum Towers Assocs. v. County of Nassau, 217 A.D.2d 387; Finkelstein v. Ilan, 239 A.D.2d 545).
Here, the record demonstrates that the present claims made by the Village of Laurel Hollow (hereinafter the Village) could and should have been raised in connection with a prior action the Village had commenced ( cf., Smith v. Russell Sage Coll., supra). The Village's prior action involved the same operative parties and focused upon an alleged violation of the Village zoning code with respect to the use of the subject properties. The instant action is similarly premised upon an alleged zoning code violation which arose during the pendency of the first action, and also asserts that the defendants' use of the properties violates the zoning code. Although the instant action involves different legal theories and seeks different remedies, these distinctions will not preclude the application of res judicata under the circumstances presented here ( cf., Coliseum Towers Assocs. v. County of Nassau, supra). Accordingly, since the instant action is barred by the doctrine of res judicata, the motion of the defendant Alexis Quartararo to dismiss the complaint insofar as asserted against her should have been granted. Under the circumstances, we have searched the record and have also granted summary judgment to the defendants William A. Nichols and Regina Nichols ( see, Dunham v. Hilco Constr. Co., 89 N.Y.2d 425).
The parties' remaining contentions are lacking in merit.
Bracken, J. P., Thompson, Altman and Krausman, JJ., concur.