WENEGIEME v. SOUTHSTAR FUNDING, LLC

9623, 304056/16.

173 A.D.3d 517 (2019)

104 N.Y.S.3d 88

2019 NY Slip Op 04774

Celeste Wenegieme, Appellant, v. Southstar Funding, LLC, et al., Respondents.

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

Decided June 13, 2019.


Even if denominated a "quiet title" action by plaintiff, this action is no different from her multiple prior attempts to vacate the foreclosure. Her quiet title cause of action rests on the same, previously-decided claims about the supposed invalidity of the mortgage, claims she has had a full and fair opportunity to litigate. Accordingly, the court below, as did Bronx Supreme Court in 2014 and as did Southern District of New York in 2017, properly dismissed the claim on...

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