The dismissal on statute of limitations grounds of a prior petition seeking the same relief against essentially the same parties is sufficiently close to being on the merits to bar the instant proceedings on the ground of res judicata ( see Smith v. Russell Sage Coll., 54 N.Y.2d 185, 194; Marinelli Assocs. v. Helmsey-Noyse Co., 265 A.D.2d 1, 4-5). Petitioner's argument about the court's reference to "newly discovered evidence" is entirely without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.