The IAS court correctly dismissed this third action brought by plaintiffs as barred by the doctrine of res judicata. All three actions, while asserting legal theories that differ in some respects, are predicated on the same set of facts, namely, the improper towing of the plaintiffs’ vehicles from the cooperative garage owned by the defendants. The chief participants and parties in all three actions are the same, with the exception of the City of New York, dismissed by court order as the party-defendant in the second action. In the first action, a judgment has been entered in favor of plaintiffs directing defendants to return plaintiffs’ automobiles and giving plaintiffs the right to bring a plenary action for incidental damages only.