KOLEL DAMSEK ELIEZER, INC. v. SCHLESINGER

2010-03260, 2010-03964

90 A.D.3d 851 (2011)

935 N.Y.S.2d 83

2011 NY Slip Op 9279

KOLEL DAMSEK ELIEZER, INC., Appellant, v. VICTOR SCHLESINGER et al., Respondents, et al., Defendants.

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

Decided December 20, 2011.


Ordered that the order dated March 15, 2010, is reversed insofar as appealed from, on the law, those branches of the motion of the defendants Victor Schlesinger and Eva Schlesinger which were, in effect, for summary judgment on their third, fourth, and fifth affirmative defenses alleging that the plaintiff is collaterally estopped from asserting an ownership interest in the subject real property and had actual and constructive notice of the claims of the defendants Victor...

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