Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion to dismiss the complaint is granted.
In an identical prior action which the plaintiff commenced against the defendants, the Supreme Court dismissed the complaint based upon a preclusion order it had issued because of the plaintiff's repeated failures to appear for an independent medical examination. Although the order of the Supreme Court did not specifically recite that the dismissal was "on the merits," it should have been accorded res judicata effect in order to prevent the plaintiff from circumventing the preclusion decree ( see Strange v Montefiore Hosp. Med. Ctr., 59 NY2d 737, 738-739; Kalinka v Saint Francis Hosp., 34 AD3d 742, 744).
The plaintiff's remaining contention is without merit.