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GRANT v. AURORA LOAN SERVICES

2010-07177.

88 A.D.3d 949 (2011)

932 N.Y.S.2d 74

2011 NY Slip Op 7605

PHILIP GRANT, Respondent, v. AURORA LOAN SERVICES et al., Appellants.

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

Decided October 25, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were to dismiss the amended complaint pursuant to CPLR 3211 (a) (5) and (7) are granted.

"Under the doctrine of res judicata, a disposition on the merits bars litigation between the same parties or those in privity with them of a cause of action arising out of the same transaction or series...

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