Taintor v. Taintor

In an action, inter alia, to recover damages for fraud, the plaintiff Zebulon C. Taintor appeals from an order of the Supreme Court, Suffolk County (Weber, J.), dated September 22, 2008, as amended by an order of the same court dated October 6, 2008, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order, as amended, is affirmed, with costs.

The defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the instant action is barred by the doctrines of res judicata and collateral estoppel based upon…