DECISION ORDER
ORDERED that the order dated December 6, 2000, is affirmed insofar as appealed from; and it is further,
ORDERED that the order dated March 21, 2001, is reversed, on the law, and the motion for leave to reargue is denied; and it is further,
ORDERED that one bill of costs is awarded to the defendants.
The Supreme Court correctly determined that the defendants' second counterclaim sounding in fraud was barred by the doctrine of res judicata since that claim should have or could have been resolved in a prior action ( see Coliseum Towers Assocs. v. County of Nassau, 217 A.D.2d 387). Where, as here, the facts supporting the cause of action to recover damages for fraud are the same as those in a prior action that was commenced by the defendant Crown Theatres, L.P., the counterclaim is barred by the doctrine of res judicata even though fraud was not alleged in the prior action ( see O'Brien v. City of Syracuse, 54 N.Y.2d 353).
However, the Supreme Court erred in granting the motion for leave to reargue and, upon reargument, in reinstating the plaintiff's fourth and fifth causes of action. The fourth cause of action is merely a duplication of a breach of contract claim which cannot be sustained by the plaintiff because it is barred by the doctrine of res judicata due to the determination in the parties' prior action. Further, the plaintiff's fifth cause of action to recover damages for fraud cannot be sustained because the cause of action merely asserts a breach of a lease agreement. Accordingly, that cause of action is likewise barred by the doctrine of res judicata due to the determination in the parties' prior action ( see Canstar v. Jones Constr. Co., 212 A.D.2d 452, 453; Apfel v. Prudential-Bache Sec., 183 A.D.2d 439, mod on other grounds 81 N.Y.2d 470; Tesoro Petrolem Corp. v. Holborn Oil Co., 108 A.D.2d 607; see generally, O'Brien v. City of Syracuse, supra; CPLR 3211[a][5]).
SANTUCCI, J.P., FEUERSTEIN, SMITH and ADAMS, JJ., concur.