Ordered that the order is affirmed insofar as appealed from, with costs.
The doctrine of res judicata operates to preclude the renewal of issues actually litigated and resolved in a prior proceeding as well as claims for different relief which arise out of the same "factual grouping" or "transaction" and which should have or could have been resolved in the prior proceeding (D.C.I. Danaco Contr. v Associated Univs.,
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