Appellate Division of the Supreme Court of New York, 1996

Parker v. Rathjen

Parker v. Rathjen
Appellate Division of the Supreme Court of New York · Decided June 3, 1996
228 A.D.2d 424; 643 N.Y.2d 417; 643 N.Y.S.2d 417; 1996 N.Y. App. Div. LEXIS 6221
Parker v. Rathjen

Opinion of the Court

The Supreme Court properly granted the motion of the defendants Citibank, N. A., and Citicorp Mortgage, Inc., for summary judgment, as the plaintiff was collaterally estopped from relitigating the issue of his fraud (see, Citibank v Rathjen, 202 AD2d 235). In any event, the plaintiff’s claim raised no triable issue of fact.

The plaintiff’s remaining contentions are without merit. Bracken, J. P., O’Brien, Joy and Florio, JJ., concur.

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