Garlasco v. Smith

Upon the facts clearly and fully established by the plaintiff (not excepted to as found in the decision save in one instance) the relief granted was fully justified under the principles enunciated in our decision in Kossoff v. Wald (241 App. Div. 483).

It is urged, however, that a judgment of foreclosure and sale, entered before the commencement of this action, to which the plaintiff herein was a party defendant, is res adjudicóla as to plaintiff’s alleged cause of action. The facts upon which this action is predicated it is asserted might have been pleaded as a defense in the foreclosure…