Cypress Hills Cemetery v. City of New York

In an action, inter alia, pursuant to RPAPL article 15 to determine claims to certain real property, and for a judgment declaring, in effect, that the plaintiff has the right to use its easement by implication to cross the Jackie Robinson Parkway at grade level, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Miller, J.), dated May 19, 2008, as granted that branch of the defendants’ motion which was, in effect, pursuant to CPLR 3211 (a) (5) to dismiss the amended complaint as barred by the doctrine of res judicata.

Ordered that the…