Grezinsky v. Mount Hebron Cemetery

Jun 3, 2008

Versions:52 A.D.3d 202

857 N.Y.S.2d 907

Under New York’s transactional approach to the doctrine of res judicata (see O‘Brien v City of Syracuse, 54 NY2d 353, 357 [1981]), the court properly held this action barred because the claims were litigated or could have been litigated in the prior Kings County action commenced in 1995 (Marinelli Assoc. v Helmsley-Noyes Co., 265 AD2d 1 [2000]). That action was dismissed for failure to prosecute, a motion to vacate was denied, and each court found that despite numerous opportunities, plaintiffs failed to set forth a meritorious cause of action (see Grezinsky v Mount Hebron Cemetery, 305 AD2d 542 [2003]).

We have considered plaintiffs’ remaining arguments and find them without merit. Concur—Lippman, P.J., Mazzarelli, Williams, Sweeny and Acosta, JJ.