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CAESAR v. HSBC BANK USA

2018-03199. Index No. 61658/17.

200 A.D.3d 842 (2021)

155 N.Y.S.3d 350

2021 NY Slip Op 06982

Francis M. Caesar et al., Appellants, v. HSBC Bank USA, NA, et al., Respondents.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Francis M. Caesar, Chappaqua, NY, appellant pro se and for appellant Lisa N. Caesar.

Ballard Spahr LLP, New York, NY ( Jacquelyn Schell of counsel), for respondent HSBC Bank USA, NA.

Sills Cummis & Gross P.C., New York, NY ( Lori K. Sapir and Joshua N. Howley of counsel), for respondent Citibank, NA.

Rivera, J.P., Miller, Genovesi and Ford, JJ., concur.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the plaintiffs' contention, the Supreme Court properly granted that branch of the motion of the defendant HSBC Bank USA, NA which was pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against it on the grounds of res judicata and collateral estoppel (see Parker v Blauvelt Volunteer Fire Co., 93 N.Y.2d 343, 347 [1999]; O'Brien...

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