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CONEY ISLAND RESORTS, INC. v. CITY OF NEW YORK

4 A.D.3d 211 (2004)

771 N.Y.S.2d 644

CONEY ISLAND RESORTS, INC., Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 19, 2004.

The motion court properly found this action barred by the doctrine of res judicata, since the claims alleged in the proposed amended complaint, including the cause of action for breach of the covenant of good faith, are premised upon transactions identical to those underlying the breach of contract causes dismissed in the prior federal action (see O'Brien v City of Syracuse, 54 N.Y.2d 353, 357 [1981]).

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