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GAMMA LENDING OMEGA LLC v. KAMINSKI

Index No. 653374/18. Appeal Nos. 14257, 14257A. Case Nos. 2020-03903, 2020-04615.

197 A.D.3d 1066 (2021)

153 N.Y.S.3d 470

2021 NY Slip Op 05165

Gamma Lending Omega LLC, Respondent, v. Matthew Kaminski et al., Appellants.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Brinen & Associates, LLC, New York ( Mark E. White and Joshua D. Brinen of counsel), for appellants.

Herrick, Feinstein LLP, New York ( Meaghan Roe of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

The court correctly decided these motions on the ground of collateral estoppel (see D'Arata v New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659, 664 [1990]). Defendants' issue, the validity of the late charge in the underlying loan documents, was squarely addressed both in the trial court in Minnesota and in a lengthy decision by the Minnesota Court of Appeals, and, as guarantors, defendants were in privity with the borrower (a party...

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