Osborne v. Rossrock Fund II, L.P.

“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

*728was raised or could have been raised in the prior proceeding” (Goldstein v Massachusetts Mut. Life Ins. Co., 32 AD3d 821, 821 [2006]; see Matter of Hunter, 4 NY3d 260, 269 [2005]). Here, the claims of the plaintiff George R Osborne (hereinafter the appellant) arise out of the same transaction as those raised in a prior foreclosure action, and…