Legal Opinion
Rae v. Rosenberg
New York Supreme Court
Decided September 7, 1971PublishedCited by 5 opinions
1Opinion of the CourtIrwin Brownstein, J.
Defendant moves, pursuant to CPLR 3212, for a summary judgment dismissing- plaintiff’s action (Index No. 19893-1970) for restitution of moneys allegedly paid to defendant to satisfy a judgment of foreclosure, upon the grounds that plaintiff’s action has no merit and that the issues are barred by res judicata.
Plaintiff’s complaint alleges, in substance, that in 1964 defendant had recovered a judgment of foreclosure on a bond and mortgage executed by plaintiff in favor of defendant and that, following- the entry of judgment, 1 ‘ there was paid to the defendant with sums of this plaintiff ’ ’…
2Cases cited11 opinions
- Atlantic Coast Line Railroad v. FloridaSupreme Court of the United States · 1935
- Railroad Co. v. CommissionersSupreme Court of the United States · 1879
- Latham v. Father DivineNew York Court of Appeals · 1949
- Haebler v. . MyersNew York Court of Appeals · 1892
- Williams v. . BarkleyNew York Court of Appeals · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Friarton Estates Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1982
- Friarton Estates Corp. v. City Of New YorkCourt of Appeals for the Second Circuit · 1982
- United States v. Bedford AssociatesDistrict Court, S.D. New York · 1982
- Village of Johnson City v. GlanvilleNew York Supreme Court · 1981
- In re the Estate of HericNew York Surrogate's Court · 1998