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GELB v. HATTON

128 A.D.2d 501 (1987)

Martha Gelb et al., Respondents, v. Vineta Hatton, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 2, 1987

Ordered that the order is affirmed, with costs.

We agree with the determination of Special Term that the doctrines of res judicata and collateral estoppel do not operate to bar the present action which solely involves subsequent defaults in payments due under the terms of a mortgage, and which issues were never litigated in prior actions. Accordingly, the appellant's motion to dismiss the amended complaint as against her...

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