GIBBS v. CITY OF MOUNT VERNON

Ordered that the order is affirmed, with costs.

The plaintiffs previously brought a proceeding containing virtually the identical allegations as in the instant case, which sought to redeem the subject real property. That proceeding was dismissed and no appeal was taken. In the instant action, the plaintiffs seek damages for the loss of their property based upon the same conduct of the defendant. Special Term granted the defendant's motion to dismiss on the ground of res judicata. We agree.

In both the proceeding and this action, the plaintiffs alleged that they were wrongfully deprived of the means to prevent foreclosure of their property by the actions of the City of Mount Vernon. Whether that wrong may be rectified by enabling the plaintiffs to redeem the property or by awarding them damages for their loss is of insufficient legal consequence to entitle the plaintiffs to separate their claims (see, Matter of Reilly v Reid, 45 N.Y.2d 24; Smith v. Russell Sage Coll., 54 N.Y.2d 185). Accordingly, the complaint was properly dismissed. Mangano, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.