Opinion
2016–13153 Index No.9171/12
10-15-2019
VANDERBILT MORTGAGE AND FINANCE, INC., Respondent, v. Gail PALMORE-ARCHER, Appellant, et al., Defendants.
Gail Palmore–Archer, East Elmhurst, NY, appellant pro se. Greenspoon Marder, LLP, New York, N.Y. (Jason Silver of counsel), for respondent.
Gail Palmore–Archer, East Elmhurst, NY, appellant pro se.
Greenspoon Marder, LLP, New York, N.Y. (Jason Silver of counsel), for respondent.
SHERI S. ROMAN, J.P. ROBERT J. MILLER, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER In an action to foreclose a mortgage, the defendant Gail Palmore–Archer appeals from an order of the Supreme Court, Queens County (Howard G. Lane, J.), entered October 13, 2016. The order granted the plaintiff's motion pursuant to RPAPL 221 for a writ of assistance directing the Queens County Sheriff to put the plaintiff into possession of the mortgaged property.
ORDERED that the order is affirmed, with costs.
"Under the doctrine of res judicata, a final adjudication of a claim on the merits precludes relitigation of that claim and all claims arising out of the same transaction or series of transactions by a party or those in privity with a party" ( Sancar Mgt. v. OneWest Bank, FSB , 165 A.D.3d 1306, 1307, 84 N.Y.S.3d 794 [internal quotation marks omitted] ). "[A] judgment of foreclosure and sale entered against a defendant is final as to all questions at issue between the parties, and all matters of defense which were or which might have been litigated in the foreclosure action are concluded" ( Taron Partners, LLC v. McCormick , 173 A.D.3d 927, 930, 103 N.Y.S.3d 485 [internal quotation marks omitted]; see 83–17 Broadway Corp. v. Debcon Fin. Servs., Inc. , 39 A.D.3d 583, 584–585, 835 N.Y.S.2d 602 ; NAB Asset Venture IV, LLP v. Orangeburg Equities , 19 A.D.3d 565, 565, 796 N.Y.S.2d 536 ).
Here, the issues raised by the appellant on appeal were or could have been raised prior to the issuance of the judgment of foreclosure and sale in this action, and are therefore precluded as a matter of res judicata by that judgment (see Ciraldo v. JP Morgan Chase Bank, N.A. , 140 A.D.3d 912, 913, 34 N.Y.S.3d 113 ; Chemical Bank v. McGill , 262 A.D.2d 131, 131, 693 N.Y.S.2d 8 ).
Accordingly, we affirm the order appealed from.
ROMAN, J.P., MILLER, MALTESE and IANNACCI, JJ., concur.