CITIZENS BANK OF APPLETON CITY, MISSOURI v. C.L.R. BROOKLYN REALTY CORP.


5 A.D.3d 528 (2004)

772 N.Y.S.2d 870

CITIZENS BANK OF APPLETON CITY, MISSOURI, et al., Respondents, v. C.L.R. BROOKLYN REALTY CORP. et al., Appellants, et al., Defendants. FULVAN REALTY CORP., Nonparty Respondent.

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

March 15, 2004.


Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the appellants' motions, inter alia, to vacate the judgment of foreclosure and sale and to cancel the referee's deed were barred by the doctrine of res judicata because the claims contained therein could have or should have been raised on the defendants' first motion, brought in 1995, to vacate the judgment of foreclosure and sale (see O'Brien v City of Syracuse,

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