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DAVID GOLDSTEIN, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Respondent.

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

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 was raised or could have been raised in the prior proceeding ( see Matter of Hunter, 4 NY3d 260, 269; Barbieri v Bridge Funding, 5 AD3d 414, 415). Here, the Supreme Court correctly dismissed the cause of action for a declaratory judgment on res judicata grounds as the plaintiffs claims were raised or could have been raised in the prior action which was disposed of on the merits ( see Hubbell v Trans World Life Ins. Co. of N.Y., 50 NY2d 899 [1980]; CRK Contr. of Suffolk v Brown Assoc, 260 AD2d 530).

The Supreme Court properly dismissed the remaining causes of action as time-barred. The cause of action to recover damages for fraud is barred by the six-year statute of limitations ( see CPLR 213). Further, the causes of action alleging intentional and negligent infliction of emotional distress, breach of duty, and bad faith are barred by the one-year statute of limitations for intentional torts to the extent that they allege intentional conduct ( see CPLR 215), or the three-year statute of limitations governing personal injury claims insofar as they allege negligent conduct ( see CPLR 214).

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GOLDSTEIN v. MASSACHUSETTS MUT. LIFE INS
(Sep 12, 2006)