In an action, inter alia, to recover damages for breach of contract, the defendant third-party plaintiff appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.), entered January 3, 1994, which granted the third-party defendant’s motion for summary judgment dismissing the third-party complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly dismissed the third-party complaint against BGF Industries, Inc. (hereinafter BGF) on the grounds of res judicata. In a prior Federal action commenced by BGF seeking a declaration as to its obligations under an agreement with the third-party plaintiff Swedwall, Inc., Swed-wall, Inc.’s, counterclaims were dismissed for failure to comply with a discovery order. That dismissal operated as an adjudication on the merits (see, Fed Rules Civ Pro, rule 41 [b], [c]). Subsequently, BGF was granted summary judgment and a judgment was entered in its favor.
Under New York’s transactional-analysis approach to res judicata, "once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred even if based upon different theories or if seeking a different remedy” (O’Brien v City of Syracuse,
BGF’s application for attorneys’ fees is denied. Balletta, J. P., Copertino, Altman and Goldstein, JJ., concur.