In Yonkers Contracting Co. v. Port Authority Trans-Hudson Corp., 93 N.Y.2d 375 (1999) the Court of Appeals stated that "the proviso in CPLR [] 205(a) that the toll is inapplicable when the prior action was dismissed on the merits is essentially a corollary of the principle of res judicata that 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." (Yonkers, 92 NY2d at 380.)