Kaminsky v Herrick, Feinstein, LLP, 2011 NY Slip Op 01602 [82 AD3d 446]

March 3, 2011

Appellate Division, First Department

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Meyerowitz Law Firm, New York (Ira S. Meyerowitz of counsel), for appellant.

Herrick, Feinstein LLP, New York (Susan T. Dwyer of counsel), for respondent.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered March 24, 2010, which, to the extent appealed from as limited by the briefs, in this action involving a legal fee dispute, granted defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.

The complaint was properly dismissed as barred by the doctrine of res judicata. Plaintiff’s action arose out of the same set of circumstances as his prior 2006 action, which was dismissed ( see 59 AD3d 1 [2008], lv denied 12 NY3d 715 [2009]), and “once a claim is brought to a final conclusion, all other claims arising out of the same transaction or series of transactions are barred, even if based upon different theories or if seeking a different remedy” ( O’Brien v City of Syracuse , 54 NY2d 353, 357 [1981]). We have considered plaintiff’s remaining arguments, including that he did not have a full and fair opportunity to litigate his claims, and find them unavailing. Concur—Mazzarelli, J.P., Acosta, DeGrasse, Richter and Manzanet-Daniels, JJ..