Bianco v. Dougherty

In an action to declare a deed a mortgage, defendant appeals from an order of the Supreme Court, Nassau County, dated August 12, 1975, which (1) denied his motion to vacate an interlocutory judgment of the same court, dated October 31, 1968, and (2) granted plaintiff’s cross motion to the extent of compelling him to file a verified account. Order affirmed, with $50 costs and disbursements. The prior determination of defendant’s motion to vacate the interlocutory judgment constitutes res judicata and bars the instant motion (see Metropolitan Distrs. v Hyndsman, 201 Mise 1045, affd 279 App Div…