Ordered that the order is reversed, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by the doctrine of collateral estoppel is denied.
In a prior action against unrelated defendants pursuant to RPAPL article 15 to declare the rights and interests of the parties in relation to real property upon which the plaintiff claimed to have held a valid mortgage, the plaintiff alleged...
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