Schwartz v. Putnam C. C., Inc.

In a mortgage foreclosure action, defendants Lewis Lubitz and Putnam C. C., Inc., appeal from an order of the Supreme Court, Putnam County, entered September 23, 1976, which denied their motion to dismiss the complaint as against them upon various of the grounds set forth in CPLR 3211 (subd [a]). Order affirmed, with $50 costs and disbursements. The doctrine of res judicata does not bar this action against defendant Lubitz. The previous action brought against him by plaintiffs, which resulted in a discontinuance with prejudice, sought to enforce an agreement by Lubitz to purchase an…