Fusco v. Blue Shield of Northeastern New York, Inc.

Kane, J. P.

Appeal from an order of the Supreme Court (Hughes, J.), entered February 20, 1987 in Albany County, which, inter alia, granted defendant’s motion to dismiss the complaint as barred by res judicata.

In a prior action, plaintiff sought damages from defendant for breach of contract arising out of management consulting services provided to defendant by plaintiff. The complaint contained three separate causes of action, one for the actual breach and others for compensatory and punitive damages flowing therefrom. Defendant timely moved to dismiss the complaint pursuant to CPLR 3211 (a)…