Legal Opinion
Mercury Capital Corp. v. Shepherds Beach, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 2003PublishedCited by 3 opinions
1Opinion of the Court
—In an action to foreclose a mortgage, the defendant Shepherds Beach, Inc., appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), entered October 30, 2002, which denied its motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint on the ground that the action was barred by res judicata.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
A prior action for the same relief was dismissed as time-barred (see Mercury Capital Corp. v Shepherds Beach, 281 AD2d 604 [2001]). Dismissal of the prior action constituted…
2Cases cited3 opinions
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- Mercury Capital Corp. v. Shepherds Beach, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Harley v. HawkinsAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
- Newman v. KrintzmanCourt of Appeals for the First Circuit · 2013
- Bank of Am., N.A. v. AliAppellate Division of the Supreme Court of the State of New York · 2022
- Hemingway v. U.S. Bank NationalAppellate Division of the Supreme Court of the State of New York · 2004