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WELLS FARGO BANK, N.A. v. ENBAR

2016-13201, 2016-13204, Index No. 7939/15.

173 A.D.3d 938 (2019)

104 N.Y.S.3d 183

2019 NY Slip Op 04750

Wells Fargo Bank, National Association, Respondent, v. Moshe Enbar et al., Defendants, and Richard A. Legum, Appellant.

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

Decided June 12, 2019.

Ordered that the order entered June 20, 2016, is modified, on the law, by deleting the provision thereof denying that branch of the cross motion of the defendant Richard A. Legum which was pursuant to CPLR 3211(a)(5) to dismiss the complaint as barred by the doctrine of res judicata, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from; and it is further,

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