Schloss v. Jones

In an action, inter alia, to recover damages for fraud, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Loehr, J.), entered July 16, 2008, as granted that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by the doctrine of res judicata and denied her cross motion pursuant to CPLR 3212 (g) to limit the issues of fact to be decided at trial.

Ordered that the order is affirmed insofar as appealed from, with costs.

The doctrine of res judicata operates to preclude the…