NYCTL 1999-1 Trust v. 573 Jackson Avenue Realty Corp.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered January 11, 2006, which, in this action to foreclose a tax lien, inter alia, granted plaintiffs’ motion for summary judgment as against defendant-appellant, unanimously affirmed, without costs.

The motion court’s prior order dismissing the complaint as against defendant-appellant solely for lack of proper service did not purport to determine the merits of, and, accordingly, was not preclusive of plaintiff’s now reasserted claims against defendant-appellant (see Espinoza v Concordia Intl. Forwarding Corp., 32 AD3d 326, 328 [2006];…