Ordered that the order is affirmed, with one bill of costs to the defendants appearing separately and filing separate briefs.
"`Under the doctrine of res judicata, a disposition on the merits bars litigation between the same parties, or those in privity with them, of a cause of action arising out of the same transaction or series of transactions as a cause of action that either was raised or could have been raised in the prior proceeding'" (Matter of ADC Contr...
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