Legal Opinion

Lupo v. Country Victorian Development Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 2002Published

1Opinion of the Court

—In an action, inter alia, to compel the transfer of certain real property, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated March 8, 2001, as granted those branches of the defendant’s motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (5), (7) and (10), and to cancel their notice of pendency.

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

The doctrine of collateral estoppel, or issue preclusion, bars the relitigation of issues that have been actually litigated and…

2Cases cited4 opinions

  1. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  2. Langdon v. WEN Management Co.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Mahl v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1996
  4. McCue v. AbelAppellate Division of the Supreme Court of the State of New York · 1991

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