The motion court properly dismissed the instant action, the third brought by plaintiff pro se against defendant for the same alleged wrong, as precluded by prior judicial determinations. However, under the circumstances, it appears that the threat of sanctions will not deter this plaintiff's repetitive litigation, and we modify accordingly ( see, Spremo v. Babchik, 155 Misc.2d 796, mod 216 A.D.2d 382, lv denied 86 N.Y.2d 709, cert denied 516 U.S. 1161).
Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.