Opinion
9693 Index 655689/16E
06-25-2019
Dan COHEN, etc., et al., Plaintiffs–Appellants, v. Samuel I. GLASS, et al., Defendants–Respondents.
Alexander M. Dudelson, Brooklyn, for appellants. Weiss Zarett Brofman Sonnenklar & Levy, P.C., New Hyde Park (Michael J. Spithogiannis of counsel), for respondents.
Alexander M. Dudelson, Brooklyn, for appellants.
Weiss Zarett Brofman Sonnenklar & Levy, P.C., New Hyde Park (Michael J. Spithogiannis of counsel), for respondents.
Renwick, J.P., Manzanet–Daniels, Webber, Oing, JJ.
Order, Supreme Court, New York County (Melissa A. Crane, J.), entered January 25, 2018, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.
The motion court correctly determined that the issues raised in this action are identical to those sought to be litigated in plaintiffs' prior action, which was dismissed as time barred, a determination from which plaintiffs did not appeal (see Nationwide Mut. Ins. Co. v. U.S. Underwriters Ins. Co. , 151 A.D.3d 504, 505–506, 59 N.Y.S.3d 1 [1st Dept. 2017] ). Because a dismissal on the ground that the statute of limitations has expired is a determination on the merits for res judicata purposes, the dismissal of the prior lawsuit precludes this action (see Smith v. Russell Sage Coll. , 54 N.Y.2d 185, 194, 445 N.Y.S.2d 68, 429 N.E.2d 746 [1981] ).
We have considered plaintiffs' remaining arguments and find them unavailing.