American Preferred Prescription, Inc. v. Continental Pharmacy, Inc. (216 A.D.2d 33, 1995)

Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about May 13, 1994, which, inter alia, granted defendants-respondents’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

The judgment in the prior Federal action (Preferred RX v American Prescription Plan, US Dist Ct, ND Ohio, Manos, J., affd in part and revd in other respects 46 F3d 535 [6th Cir]) is res judicata of the present action, both actions involving the same parties and substantially similar facts that arose out of the same series of transactions and that would have formed a convenient trial unit (Smith v Russell Sage Coll., 54 NY2d 185). Plaintiff could have and should have raised its current claims in the Federal action (see, Action Pictures v Films Around The World, 202 AD2d 188). Concur—Murphy, P. J., Rosenberger, Wallach, Williams and Tom, JJ.