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LFJ REALTY CO. v. BANK OF NEW YORK

29 A.D.3d 747 (2006)

815 N.Y.S.2d 231

LFJ REALTY CO., Respondent, v. BANK OF NEW YORK et al., Appellants, et al., Defendants.

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

May 16, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellants' contention, the plaintiff's claims are not barred by the doctrines of res judicata or collateral estoppel based on this Court's decision in NYCTL 1996-1 Trust v LFJ Realty Corp. (307 A.D.2d 957 [2003]), since the issue of the appellants' negligence was not before the Court in that prior action (see Gutierrez v CNS Recycling...

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