Opinion
June 15, 1998
Appeal from the Supreme Court, Nassau County (Franco, J.).
Ordered that the order is affirmed, with costs.
In 1992, David Wood, a defendant in the instant action, commenced an action in the Supreme Court, Nassau County, against the plaintiffs in the instant action. That prior action was based upon the same transaction and alleged the same facts as the instant action. A judgment in the prior action was entered upon the default of the plaintiffs herein ( see, CPLR 3215 [a]). Since a default judgment is a judgment on the merits ( see, Feeney v. Licari, 131 A.D.2d 539), the instant action must be dismissed upon the ground of res judicata ( see, CPLR 3211 [a] [5]). We additionally note that the claims raised in the instant action are identical to the defenses which were raised in the prior action by the plaintiffs herein in an attempt to establish entitlement to vacatur of the default judgment in the prior action, and that these defenses were previously found to be without merit by the Supreme Court in an order which was affirmed by this Court ( see, Wood v. Martins, 232 A.D.2d 407).
Bracken, J. P., Copertino, Santucci and McGinity, JJ., concur.