Opinion
April 2, 1990
Appeal from the Supreme Court, Suffolk County (Tanenbaum, J.).
Ordered that on the court's own motion, the notices of appeal and cross appeal are treated as aplications for leave to appeal, the applications are referred to Justice Rubin, and leave to appeal and cross appeal is granted by Justice Rubin (CPLR 5701 [b] [1]); and it is further,
Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
The trial court properly sustained the parties' affirmative defenses of res judicata in concluding that the plaintiffs' action, as well as the defendants' counterclaims, were barred under the doctrine of res judicata since the facts and issues raised thereby had been litigated in a prior action between the parties (see, Modica v. Zergebel, 140 A.D.2d 414). Having failed to prove their claims in that action, they are barred from raising these claims anew in a subsequent action (see, O'Brien v City of Syracuse, 54 N.Y.2d 353; Schwartz v. Public Adm'r of County of Bronx, 24 N.Y.2d 65).
We have examined the parties' remaining contentions and find them to be without merit. Thompson, J.P., Brown, Rubin and Eiber, JJ., concur.