HON v. PRINCE DEVELOPMENT COMPANY LLC, 168 A.D.3d 480 (2019)
Court: Supreme Court of New York
Number: innyco20190110327
Visitors: 11
Filed: Jan. 10, 2019
Latest Update: Jan. 10, 2019
Summary: The motion court correctly concluded that this action is barred by the doctrine of res judicata ( see Matter of Hunter, 4 N.Y.3d 260 , 269 [2005]; Nejeidi v Republic Natl. Bank of N.Y., 227 A.D.2d 392 [2d Dept 1996]). In December 2014, appellants brought a special proceeding pursuant to CPLR 5239 in Supreme Court, Queens County (index No. 18415/2014), seeking a declaration that the respondents therein (including plaintiffs herein) did not have a judgment lien against the subject property.
Summary: The motion court correctly concluded that this action is barred by the doctrine of res judicata ( see Matter of Hunter, 4 N.Y.3d 260 , 269 [2005]; Nejeidi v Republic Natl. Bank of N.Y., 227 A.D.2d 392 [2d Dept 1996]). In December 2014, appellants brought a special proceeding pursuant to CPLR 5239 in Supreme Court, Queens County (index No. 18415/2014), seeking a declaration that the respondents therein (including plaintiffs herein) did not have a judgment lien against the subject property. B..
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The motion court correctly concluded that this action is barred by the doctrine of res judicata (see Matter of Hunter, 4 N.Y.3d 260, 269 [2005]; Nejeidi v Republic Natl. Bank of N.Y., 227 A.D.2d 392 [2d Dept 1996]). In December 2014, appellants brought a special proceeding pursuant to CPLR 5239 in Supreme Court, Queens County (index No. 18415/2014), seeking a declaration that the respondents therein (including plaintiffs herein) did not have a judgment lien against the subject property. By judgment entered August 5, 2015, the petition was denied and the proceeding dismissed. Having either raised or had the opportunity to raise in that proceeding the precise arguments that they have raised in this action, appellants may not further contest the validity of plaintiffs' judgment lien against the property.
We have considered appellants' remaining contentions and find them unavailing.
Source: Leagle
