Ordered that the order is affirmed, with costs.
The Supreme Court correctly denied the cross motion of the defendant Windsor Holding Company (hereinafter Windsor) pursuant to CPLR 3211 (a) (5) and (7) to dismiss the complaint insofar as asserted against it on the ground that the plaintiff was collaterally estopped from pursuing this action based upon the judgment of foreclosure entered in an action entitled Bankers Trust Co. of Cal., N.A. v. Dudley, which was...
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