HEMINGWAY v. U.S. BANK NATL

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

Mar 1, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the order is affirmed, with costs.

The appellant's arguments regarding the judgment of foreclosure were previously determined in a prior foreclosure action commenced against the appellant and resolved against her and thus are barred by the doctrines of res judicata and collateral estoppel ( see O'Brien v. City of Syracuse, 54 N.Y.2d 353; Matter of Kleiger-Brown v. Brown, 306 A.D.2d 482; Mercury Capital Corp. v. Sheperds Beach, 305 A.D.2d 471). The motion for a stay and vacatur based on these arguments was providently denied.

The appellant's remaining contention is without merit.

S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.