Opinion
October 21, 1997
Appeal from the Supreme Court, New York County (David Saxe, J.).
Res judicata bars intervenor's litigation of claims based on the same transaction involved in the prior appeal ( 214 A.D.2d 109), by which time intervenor was a party to the action and in which she had a full and fair opportunity to raise the claims she now wants to press ( see, Smith v. Russell Sage Coll., 54 N.Y.2d 186, 192, 194, n 3).
Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Wallach, JJ.