August 4, 2021

Collateral estoppel.

The Appellate Division affirmed, with costs, the Order which granted plaintiff's motion for summary judgment and an order of reference, and denied defendants' cross motion to dismiss the complaint. Defendants are collaterally estopped from relitigating the timeliness of the foreclosure action, which was decided in the court's prior order and affirmed on appeal.

True Gate Holding, Ltd. v. Baroukhian, NY Slip Op 04588 (1st Dep't July 29, 2021)

Here is the decision.

Tomorrow's issue:  Premises liability.