Legal Opinion

Youkelsone v. Federal National Mortgage Ass'n

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

Decided October 23, 2003PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 3, 2002, which granted defendant’s motion, pursuant to CPLR 3211 (a), to dismiss the complaint, unanimously affirmed, without costs.

To the extent plaintiff’s claims are dependent upon the alleged invalidity of the assignment, an allegation conclusively rejected (see Federal Natl. Mtge. Assn. v Youkelsone, 303 AD2d 546 [2003]), or were otherwise asserted and necessarily decided in consequence of plaintiff’s motion practice in the Kings County foreclosure action, they are barred by the principles of collateral estoppel…

2Cases cited3 opinions

  1. Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
  2. In re the Estate of HofmannAppellate Division of the Supreme Court of the State of New York · 2001
  3. Federal National Mortgage Ass'n v. YoukelsoneAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by4 opinions

  1. Youkelsone v. Federal Deposit Insurance CorporationDistrict Court, District of Columbia · 2012
  2. Chang v. First American Title InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  3. Marren v. NathanAppellate Division of the Supreme Court of the State of New York · 2003
  4. Youkelsone v. Federal National Mortgage AssociationDistrict Court, District of Columbia · 2012

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