McNEARY v. SENECAL


197 A.D.2d 835 (1993)

603 N.Y.S.2d 60

William J. McNeary, III, et al., Respondents, v. Wayne T. Senecal et al., Defendants, and Resolution Trust Corporation, as Conservator of Columbia Banking Federal Savings and Loan Association, Appellant

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

October 28, 1993


Crew III, J.

At issue here is whether a determination of Bankruptcy Court that plaintiffs' mortgage enjoys priority over two mortgages held by Columbia Banking Federal Savings and Loan Association constitutes res judicata or collateral estoppel in the action at bar. Plaintiffs sold a parcel of land to defendant Wayne T. Senecal in December 1986 for which Senecal executed a note secured by a purchase money mortgage. Pursuant to an agreement between plaintiffs...

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