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BAUER v. MELLON MTGE. CO.

178 Misc.2d 234 (1998)

680 N.Y.S.2d 397

Francis E. Bauer et al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Mellon Mortgage Company et al., Defendants.

Supreme Court, New York County.

June 24, 1998

Attorney(s) appearing for the Case

Rogers & Wells, L. L. P. (Mark Holland of counsel), for Mellon Mortgage Company, defendant. Schlam, Stone & Dolan (Lawrence D. Berger of counsel), for GE Mortgage Insurance Corporation, defendant. Leland L. Greene and Lawrence Walner & Assocs., Ltd. (M. Scott Barrett of counsel), for plaintiffs.

BARRY A. COZIER, J.

In this class action, defendant Mellon Mortgage Company (Mellon) moves pursuant to CPLR 3211 (a) (5) and (7) for dismissal of the complaint on the grounds that: (1) plaintiffs are precluded from relitigating their claims by the doctrine of collateral estoppel; and (2) the complaint fails to state a cause of action.

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