Opinion
March 17, 1994
Appeal from the Supreme Court, Nassau County (M. Hallsted Christ, J.).
We agree with the IAS Court that plaintiff's cause of action in contract and for tortious interference with same alleges the same transactions and occurrences he set forth in both the prior mortgage foreclosure and matrimonial actions, and that he cannot now seek a different result on a different theory (Schuylkill Fuel Corp. v. Nieberg Realty Corp., 250 N.Y. 304).
We have reviewed the parties' remaining contentions, including cross-appellant's request for sanctions, and find that they do not warrant modification of the order on appeal.
Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Ross, JJ.