Opinion
October 14, 1997
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the order dated September 13, 1996, which granted the motion by Berkeley Federal Bank and Trust and dismissed the complaint is affirmed; and it is further,
Ordered that the appeal from the order dated September 13, 1996, which denied the plaintiffs' motion for a preliminary injunction is dismissed as academic, and it is further,
Ordered that the respondent is awarded one bill of costs.
The plaintiff, Alfred Ghartey, is barred from raising in this action any claims which could have been raised in the foreclosure action ( see, O'Brien v. City of Syracuse, 54 N.Y.2d 353, 357; Koether v. Generalow, 213 A.D.2d 379; Cherico v. Bank of N.Y., 211 A.D.2d 961). Furthermore, the conclusory allegations in the complaint are without factual support ( see, M.J. K Co. v Matthew Bender Co., 220 A.D.2d 488) and are insufficient to establish any viable cause of action ( see, Leon v. Martinez, 84 N.Y.2d 83, 87-88). Accordingly, the Supreme Court properly granted the motion to dismiss the complaint.
In view of our determination, the appeal from the order which denied the plaintiffs' request for a preliminary injunction is dismissed as academic.
O'Brien, J.P., Santucci, Joy and Altman, JJ., concur.