Appellate Division of the Supreme Court of New York, 1996

McAuliffe v. Universal American Mortgage Co.

McAuliffe v. Universal American Mortgage Co.
Appellate Division of the Supreme Court of New York · Decided April 29, 1996
226 A.D.2d 687; 642 N.Y.S.2d 533; 1996 N.Y. App. Div. LEXIS 4605
McAuliffe v. Universal American Mortgage Co.

Opinion of the Court

In an action to discharge a mortgage on real property owned by the plaintiffs, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated March 31,1995, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that the plaintiffs were barred from commencing this action by the doctrine of collateral estoppel (see, Schwartz v Public Adm’r of County of Bronx, 24 NY2d 65, 71). O’Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.

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