Monday, June 27, 2016

Res judicata and a judgment of foreclosure and sale.

Practice point:  A judgment of foreclosure and sale is final as to all questions at issue between the parties, and concludes all matters of defense which were or could have been litigated in the foreclosure action.

Student note:  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.

Case:  Ciraldo v. JP Morgan Chase Bank, N.A., NY Slip Op. 04686 (2d Dep't June 15, 2016)

Here is the decision.

Tomorrow's issue:  Denial of a motion to renew.