Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered May 21, 2012, which granted so much of plaintiff's motion as sought summary judgment on the issue of defendant's liability and ordered a trial on damages, unanimously affirmed, with costs.
In this action for the return of funds paid to defendant for the sale of land and construction of a new home, the motion court correctly determined that defendant was barred from relitigating the issue of whether...
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