McNAMARA v. ESTIS


226 A.D.2d 258 (1996)

641 N.Y.S.2d 263

Barbara McNamara et al., Appellants, v. Warren A. Estis et al., Respondents Barbara McNamara et al., Appellants, v. Theresa J. Hecker, Respondent, et al., Defendants

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

April 23, 1996


Initially, we note that plaintiffs do not challenge the IAS Court's finding that the fraud claim in the first above-named action is barred by res judicata/collateral estoppel principles as a result of a related action. In any event, as a matter of law, the fraud claims against defendants in both of these actions are without merit, since plaintiffs have made no showing, with regard to either the application for the issuance of warrants of eviction or the inadvertent issuance...

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