Opinion
June 8, 1995
Appeal from the Supreme Court, New York County (Joan Lobis, J.).
The judgment in the prior Federal action ( Preferred RX v American Prescription Plan, US Dist Ct, ND Ohio, Manos, J., affd in part and revd in other respects 46 F.3d 535 [6th Cir]) is res judicata of the present action, both actions involving the same parties and substantially similar facts that arose out of the same series of transactions and that would have formed a convenient trial unit ( Smith v. Russell Sage Coll., 54 N.Y.2d 185). Plaintiff could have and should have raised its current claims in the Federal action ( see, Action Pictures v. Films Around The World, 202 A.D.2d 188).
Concur — Murphy, P.J., Rosenberger, Wallach, Williams and Tom, JJ.