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TRUE GATE HOLDING, LTD. v. BAROUKHIAN

Index No. 850142/12. Appeal No. 13838 & M-1569. Case No. 2019-04970.

196 A.D.3d 449 (2021)

148 N.Y.S.3d 684

2021 NY Slip Op 04588

True Gate Holding, Ltd., Respondent, v. Nourallah Baroukhian et al., Appellants, et al., Defendants.

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

Decided July 29, 2021.

Attorney(s) appearing for the Case

Law Offices of Daniel A Thomas, P.C., New York ( Daniel A. Thomas of counsel), for appellants.

The Feinsilver Law Group, P.C., Brooklyn ( David Feinsilver of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

Defendants are collaterally estopped from relitigating the timeliness of the foreclosure action, which was decided in the court's prior order and affirmed on appeal (see Buechel v Bain, 97 N.Y.2d 295, 303-304 [2001]).

Based on a December 18, 2012 order, plaintiff had standing to commence this action. In any event there was a special meeting of shareholders on November 19, 2012...

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