GENTILE v. MCA RECORDS, INC

This action, asserting claims virtually identical to those dismissed in a prior federal action ( Gentile v. Jobete Music Co., Inc., 1996 WL 148427, 1996 US Dist LEXIS 4011 [SD NY, Apr. 2, 1996], affd 122 F3d 1056 [table; text at 1997 WL 559850, 1997 US App LEXIS 23614 (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 NY2d 353, 357).

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