Opinion
November 8, 2001.
Order, Supreme Court, New York County (Milton Tingling, J.), entered March 1, 2001, which denied plaintiffs' motion to file a second amended complaint and a third supplemental complaint and granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
Pro Se, for plaintiffs-appellants.
Howard Grun, for defendants-respondents.
Before: Williams, J.P., Andrias, Wallach, Lerner, Saxe, JJ.
Plaintiffs' claims for negligence, retaliatory eviction, assault and intentional infliction of emotional distress, were properly found to be precluded under the doctrines of collateral estoppel and res judicata in light of prior litigation adversely determinative of such claims (see,D'Arata v. New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659; Matter of Reilly v. Reid, 45 N.Y.2d 24).
We have considered plaintiffs' remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.