Assante v. Eastern Savings Bank (In Re Assante)

MEMORANDUM DECISION GRANTING DEFENDANT’S MOTION TO DISMISS ADVERSARY COMPLAINT

CECELIA G. MORRIS, Chief Judge.

The Plaintiff brings this adversary proceeding to subordinate Defendant’s mortgage to the claims of all other creditors and to vacate Defendant’s lien based on frustration of contract. The Court holds that the claims in Plaintiffs adversary complaint are barred by collateral estoppel because the issues in this proceeding were necessarily decided by the Supreme Court of New York, Orange County in a prior foreclosure proceeding, and the parties had a full and fair opportunity to litigate…