Neal v. Wright

—Judgment unanimously af*1060firmed with costs. Memorandum: Summary judgment was properly granted to plaintiff because the issue whether defendant breached a contract for the sale of real property had already been determined on the merits in a prior Buffalo City Court action between the parties. Based upon our review of the record, we conclude that defendant had a full and fair opportunity to litigate the issue in the prior action (see, Weiss v Manfredi, 83 NY2d 974, 976, rearg denied 84 NY2d 848; Matter of Hee K. Choi v State of New York, 74 NY2d 933, 936; Kaufman v Lilly & Co., 65 NY2d 449,…