Djoganopoulos v. Polkes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, pursuant to RPAPL article 15 to establish the plaintiffs’ right to an easement, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Pitts, J.), dated June 18, 2008, which, upon an order of the same court dated April 7, 2008, granting the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground the action is barred by the doctrine of res judicata, is in favor of the defendants and against them, dismissing the complaint.
Ordered that the judgment is reversed, on the law, with costs, the motion is denied, the order…
2Cases cited7 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Luft v. LuftAppellate Division of the Supreme Court of the State of New York · 2008
- Medugno v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2001
- Sclafani v. Story Book Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Crummell v. Avis Rent A Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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