Wigand v. Murphy

Appeal from an order of the Supreme Court (Keegan, J.), entered March 11, 1999 in Albany County, which, inter alia, granted defendant James A. Murphy, Ill’s motion to dismiss the amended complaint due to lack of standing and res judicata.

The essential facts underlying this lawsuit are set forth in our prior decision (263 AD2d 724). This appeal arises from Supreme Court’s decision granting the motion of defendant James A. Murphy, III made pursuant to CPLR 3211 (a) (1), (3) and (5) dismissing the complaint. Although the notice of appeal, filed in April 1999, indicates that both plaintiffs were…