Jung Hee Lee v. Viera

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (Greco, Jr., J.), dated May 11, 2015, as granted that branch of the defendant’s motion which was, in effect, to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground that it was barred by the doctrine of res judicata.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced an action to recover damages for personal injuries on October 17, 2012. As a result of the plaintiff’s repeated failure to comply with…