GREEN v. TINTO FUNDING CORP.


162 A.D.2d 587 (1990)

John E. Green et al., Appellants, v. Tinto Funding Corp. et al., Respondents

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

June 18, 1990


Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court correctly concluded that the instant action, alleging fraud and breach of contract by the purchasers at the foreclosure sale of the plaintiffs' home, was barred under the doctrine of collateral estoppel inasmuch as the gravamen of this action is identical to that of the plaintiffs' prior action seeking to vacate the sale on the ground, inter alia, of collusion. Having had...

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