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CHAUHAN v. AS HELIOS LLC

Index No. 156579/19. Appeal No. 13215. Case No. 2020-01826.

191 A.D.3d 590 (2021)

139 N.Y.S.3d 533

2021 NY Slip Op 01191

Pushpa Chauhan et al., Appellants, v. AS Helios LLC et al., Defendants, and M&T Bank, Also Known as Manufacturers and Traders Trust Company, Respondent.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn ( James Tierney of counsel), for appellant.

Herrick, Feinstein LLP, New York ( Elena T. McDermott of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.

Plaintiffs' claims are barred by res judicata by the prior judgment granting defendant M&T's motion to quiet title under RPAPL article 15. These claims arose out of the same transaction between identical parties and could have been raised in the prior action (Platon v Linden-Marshall Contr. Inc., 176 A.D.3d 409, 410 [1st Dept 2019]).

Plaintiffs, who had fully litigated the prior foreclosure action, and were properly and timely served with M&T's motion...

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