Chemical Bank v. McGill

Full title: CHEMICAL BANK, Respondent, v. MAE L. McGILL, Appellant, et al., Defendants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 15, 1999

262 A.D.2d 131 (N.Y. App. Div. 1999)

693 N.Y.S.2d 8

Opinion

June 15, 1999.

Appeal from the Supreme Court, Bronx County (Alan Saks, J.).

The claims that appellant raises in opposition to the writ of assistance, including fraud in the procurement of the mortgage, irregularities in the foreclosure sale and deprivation of constitutional rights in the foreclosure action, are precluded as a matter of res judicata by the unappealed judgment of foreclosure ( see, Bank of N.Y. v. Route 312 Dev. Corp., 185 A.D.2d 582, lv dismissed 80 N.Y.2d 1024). We have considered appellant's other arguments and find them to be without merit.

Concur — Rosenberger, J.P., Tom, Rubin, Saxe and Buckley, JJ.