Summary
affirming dismissal of complaint
Summary of this case from Youkelsone v. Fed. Nat'l Mortg. Ass'nOpinion
1975
October 23, 2003.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 3, 2002, which granted defendant's motion, pursuant to 3211(a), to dismiss the complaint, unanimously affirmed, without costs.
Pro Se, for plaintiff-appellant.
Christopher J. Schulte, for defendant-respondent.
Before: Saxe, J.P., Rosenberger, Friedman, Marlow, JJ.
To the extent plaintiff's claims are dependent upon the alleged invalidity of the assignment, an allegation conclusively rejected (see Fed. Natl. Mortgage Assn. v. Youkelsone, 303 A.D.2d 546, lv denied 99 N.Y.2d 511), or were otherwise asserted and necessarily decided in consequence of plaintiff's motion practice in the Kings County foreclosure action, they are barred by the principles of collateral estoppel (see Matter of Hofmann, 287 A.D.2d 119, 123-124). Moreover, the complaint, even when viewed in the light most favorable to plaintiff (see Four Seasons Hotel Ltd. v. Vinnik, 127 A.D.2d 310, 318), states no cognizable claim for relief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.