Gelb v. Hatton

In an action to foreclose a mortgage on real property, the defendant Hatton appeals from an order of the Supreme Court, Kings County (Scholnick, J.), dated March 3, 1986, which, inter alia, denied her motion to dismiss the plaintiffs’ amended complaint as against her, dismissed her first, second and third affirmative defenses and dismissed her first, second and third counterclaims.

Ordered that the order is affirmed, with costs.

We agree with the determination of Special Term that the doctrines of res judicata and collateral estoppel do not operate to bar the present action which solely…