Appellate Division of the Supreme Court of the State of New York May 13, 2008 (Rosen v. Kessler)

In an action, inter alia, to recover damages, in effect, for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Whelan, J.), dated April 24, 2007, which granted the defendant’s motion pursuant to CFLR 3211 (a) (5) to dismiss the complaint on the ground that the action is barred by the doctrine of res judicata.