Opinion
May 23, 1994
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the order is affirmed, with costs.
The action was properly dismissed on the ground of res judicata, because it was identical to a prior action that was dismissed because of the plaintiff's failure to comply with a conditional order of preclusion (see, Strange v. Montefiore Hosp. Med. Ctr., 59 N.Y.2d 737; Barrett v. Kasko Constr. Co., 56 N.Y.2d 830; Leeds v. Sturm, Ruger Co., 101 A.D.2d 881). Sullivan, J.P., Rosenblatt, Pizzuto and Altman, JJ., concur.