GENTILE v. MCA RECORDS INC (2005)

Supreme Court, Appellate Division, First Department, New York.

Michael A. GENTILE, Plaintiff-Appellant, v. MCA RECORDS, INC., et al., Defendants-Respondents.

Decided: April 26, 2005

TOM, J.P., MAZZARELLI, SAXE, ELLERIN, NARDELLI, JJ.

Jerome Greenberg, New York, for appellant. Proskauer Rose LLP, New York (Frank P. Scibilia of counsel), for respondents.

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered March 9, 2004, dismissing the action, unanimously affirmed, with costs.

This action, asserting claims virtually identical to those dismissed in a prior federal action (Gentile v. Jobete Music Co., 1996 WL 148427, 1996 U.S. Dist. LEXIS 4011 [S.D.N.Y., Mar. 29, 1996], affd. 122 F.3d 1056 [2d Cir.1997] ) and, in any event, premised upon identical underlying transactions, is barred under the doctrine of res judicata (see O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357, 445 N.Y.S.2d 687, 429 N.E.2d 1158 [1981] ).

We have considered plaintiff's remaining contentions and find them unavailing.

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