Defendant moves, pursuant to CPLR 3212, for a summary judgment dismissing plaintiff's action (Index No. 19893-1970) for restitution of moneys allegedly paid to defendant to satisfy a judgment of foreclosure, upon the grounds that plaintiff's action has no merit and that the issues are barred by res judicata.
Plaintiff's complaint alleges, in substance, that in 1964 defendant had recovered a judgment of foreclosure on...
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