Weichert v. Wilson

—Order unanimously reversed on the law without costs, motion denied, cross motion granted, and complaint and lis pendens reinstated. Memorandum: The court erred in granting defendant Wilson’s motion for summary judgment dismissing the complaint, vacating the lis pendens filed against the real property at issue, and denying plaintiffs cross motion to dismiss defendant Wilson’s affirmative defense of res judicata. Defendant Wilson’s motion, which was based on that affirmative defense, relied on the denial of plaintiffs motion for a temporary injunction in another action. Defendant Wilson failed…