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ESHAGHIAN v. ESHAGHIAN

2731, 654481/15.

146 A.D.3d 529 (2017)

2017 NY Slip Op 00244

43 N.Y.S.3d 902

DAVID ESHAGHIAN, Appellant, v. MAHROKH ESHAGHIAN et al., Respondents, et al., Nominal Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2017.

Supreme Court correctly determined that plaintiff's action is barred by the doctrine of res judicata (see Landau, P.C. v LaRossa, Mitchell & Ross, 11 N.Y.3d 8, 12 [2008]), because he is essentially seeking to relitigate the validity of a side agreement that was at issue and decided in a Surrogate's Court proceeding. The side agreement and the parties' letter agreement are intertwined and part of the same real estate transaction...

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