AYERS, SR. v. AYERS


37 A.D.3d 629 (2007)

828 N.Y.S.2d 915

EDWARD AYERS, SR., Respondent, v. LEILA AYERS, Appellant. (Action No. 1.) LEILA AYERS et al., Appellants, v. EDWARD AYERS, SR., Respondent. (Action No. 2.)

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

Decided February 20, 2007.


Ordered that the orders are affirmed insofar as appealed from, with one bill of costs to the respondent.

The Supreme Court did not err in granting the motion of the defendant in action No. 2 to dismiss the plenary action commenced by the appellants pursuant to RPAPL article 15 based upon the doctrines of res judicata (see Boronow v Boronow, 71 N.Y.2d 284, 289-290 [1988]; Licini v Graceland Florist, Inc.,

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