Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
Contrary to the plaintiff's argument, the Supreme Court properly granted the defendant State employees' motion which was to amend their answer to include the defenses of res judicata and collateral estoppel. The issue of the State employees' malpractice was necessarily decided in the prior Court of Claims action (see, Scialdone v. State of New York, 197 A.D.2d 568 [decided herewith]; Kaufman v. Lilly Co., 65 N.Y.2d 449, 455; Matter of Kasten v. Zoning Bd. of Appeals, 47 A.D.2d 766, 767). Thus, the State employees were entitled to summary judgment.
The parties' remaining contentions are without merit. Thompson, J.P., Ritter, Santucci and Joy, JJ., concur.