Sancar Mgmt. v. OneWest Bank, FSB

Citation84 N.Y.S.3d 794 (Mem),165 A.D.3d 1306
Decision Date31 October 2018
Docket NumberIndex No. 1404/16,2017–02990
Parties SANCAR MANAGEMENT, et al., Appellants, v. ONEWEST BANK, FSB, Respondent.
CourtNew York Supreme Court — Appellate Division

165 A.D.3d 1306
84 N.Y.S.3d 794 (Mem)

SANCAR MANAGEMENT, et al., Appellants,
v.
ONEWEST BANK, FSB, Respondent.

2017–02990
Index No. 1404/16

Supreme Court, Appellate Division, Second Department, New York.

Argued—May 21, 2018
October 31, 2018


Shellon O. Washington, Brooklyn, NY, for appellants.

Bryan Cave LLP, New York, N.Y. (Nafiz Cekirge and Elizabeth J. Goldberg of counsel), for respondent.

MARK C. DILLON, J.P., RUTH C. BALKIN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.

84 N.Y.S.3d 795

DECISION & ORDER

In an action to quiet title to real property, the plaintiffs appeal from an order of the Supreme Court, Queens County (Rudolph E. Greco, Jr., J.), entered February 7, 2017. The order granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(5) to dismiss the complaint.

ORDERED that the order is affirmed, with costs.

In May 2013, OneWest Bank, FSB (hereinafter OneWest), the alleged assignee of a reverse mortgage executed by Gwendolyn Hyacinth King (hereinafter the decedent), commenced an action to foreclose the mortgage against Sarita Papaspiropoulos, as executor of the decedent's estate. On December 1, 2014, the Supreme Court entered a judgment of foreclosure and sale upon Papaspiropoulos's default. Thereafter, Papaspiropoulos unsuccessfully moved, inter alia, to vacate the judgment of foreclosure and sale. In February 2016, Sancar Management, which allegedly acquired title to the subject property by a deed dated December 22, 2014, and Papaspiropoulos (hereinafter together the plaintiffs), commenced this action to quiet title to the property. OneWest moved, inter alia, pursuant to CPLR 3211(a)(5) to dismiss the complaint as barred by the doctrine of res judicata. In an order entered February 7, 2017, the court granted that branch of OneWest's motion. The plaintiffs appeal.

" ‘Under the doctrine of res judicata, a final adjudication of a claim on the merits precludes relitigation of that claim and all claims arising out of the same transaction or series of transactions by a party or those in privity with a party’ " ( ...

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8 cases
  • Mastrantonio v. King
    • United States
    • New York Supreme Court
    • March 9, 2021
    ...judgment is also binding on any person or entity that is in privity with the defaulting defendant (see Sancar Mgt. v OneWest Bank, FSB, 165 A.D.3d 1306, 84 N.Y.S.3d 794 [2d Dept 2018]; Goldstein v Enge,, 240 A.D.2d 280, 699 N.Y.S.2d 16 [1st Dept 1997]). Here, the defendants were the control......
  • Mastrantonio v. King
    • United States
    • New York Supreme Court
    • March 9, 2021
    ...judgment is also binding on any person or entity that is in privity with the defaulting defendant (see Sancar Mgt. v OneWest Bank, FSB, 165 A.D.3d 1306, 84 N.Y.S.3d 794 [2d Dept 2018]; Goldstein v Enge,, 240 A.D.2d 280, 699 N.Y.S.2d 16 [1st Dept 1997]). Here, the defendants were the control......
  • White v. First Franklin Fin. Corp.
    • United States
    • U.S. District Court — Eastern District of New York
    • April 4, 2019
    ...in a mortgage foreclosure action which has not been vacated is conclusive for res judicata purposes. Sancar Mgmt. v. OneWest Bank, FSB, 165 A.D.3d 1306, 84 N.Y.S.3d 794 (2d Dept. 2018); Tromba v. Eastern Fed'l Sav. Bank, FSB, 148 A.D.3d 753, 754, 48 N.Y.S.3d 501 (2d Dept. 2017); 83-17 Broad......
  • Tracey v. Deutsche Bank Nat'l Trust Co.
    • United States
    • New York Supreme Court — Appellate Division
    • October 7, 2020
    ...have been raised in the prior action" ( Eaddy v. U.S. Bank N.A., 180 A.D.3d at 758, 119 N.Y.S.3d 212 ; see Sancar Mgt. v. OneWest Bank, FSB, 165 A.D.3d 1306, 1307, 84 N.Y.S.3d 794 ).The Supreme Court should have granted Deutsche Bank's motion pursuant to CPLR 3211(a)(5) to dismiss the compl......
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