Bolling v. Delta Funding Corp.

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Kelly, J.), entered August 14, 1990 in Rockland County, which granted defendants’ motion to dismiss the complaint, inter alia, upon the ground of res judicata.

Defendant Delta Funding Corporation (hereinafter defendant) loaned plaintiff Lynda Bolling (hereinafter plaintiff) $35,000 and, in exchange, plaintiff gave defendant her promissory note and a security interest in her cooperative apartment. Upon plaintiff’s alleged default in timely repayment of the loan, defendant…