Opinion
570491/03.
Decided April 8, 2004.
Plaintiff appeals from an order of the Civil Court, New York County, entered on or about January 11, 2002 (Saliann Scarpulla, J.) which dismissed the complaint as barred under the doctrine of res judicata.
Order entered on or about January 11, 2002 (Saliann Scarpulla, J.) affirmed, without costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. MARTIN SCHOENFELD, Justices.
Inasmuch as plaintiff's present breach of contract claim arises from the same transaction that was the subject of her two prior unsuccessful actions against this defendant, it is barred under the doctrine of res judicata ( see O'Brien v. City of Syracuse, 54 NY2d 353, 357; Hartigan v. Manhattan Embassy Co., 306 AD2d 135, lv denied ___ NY2d ___, Dec. 22, 2003).
This constitutes the decision and order of this court.