Russ-Kap, Inc. v. Connolly

Motion for an order dismissing the complaint herein on the ground that it does not state facts sufficient to constitute a cause of action and for an order dismissing the complaint on the ground that there is an existing final judgment of a court of competent jurisdiction rendered on the merits determining the same cause between the parties hereto. Motion also for an order to cancel lis pendens.

There is no dispute as to the facts. It appears from the complaint that the plaintiff was the owner of four lots at Merrick, on which it failed to pay taxes; that the lots were sold for the unpaid…