Opinion
Argued November 13, 2000.
December 27, 2000.
In an action, inter alia, to recover damages for fraud, the defendant Angela Richardson appeals from so much of an order of the Supreme Court, Rockland County (Meehan, J.), dated May 15, 2000, as denied her motion for summary judgment dismissing the complaint insofar as asserted against her.
Granik Silverman Campbell Hekker, New City, N.Y. (David W. Silverman of counsel), for appellant.
Victoria M. Brown, LLC, New York, N.Y., for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the action against the remaining defendants is severed.
The plaintiff commenced this action to challenge the sale of a condominium unit to the defendant in 1993, alleging both constructive and actual fraud (see, Debtor and Creditor Law §§ 273, 276). However, contrary to the plaintiff's contention, the application of the doctrine of collateral estoppel, arising from an order of a bankruptcy court in a proceeding to which the plaintiff was party, precludes relitigation of the material allegations of the complaint, which were determined against the plaintiff in the bankruptcy proceeding (see, Debtor and Creditor Law §§ 273, 276; D'Arata v. State of New York, 76 N.Y.2d 659; Canfield v. Harris, 252 N.Y. 502; Pen Pak Corp. v. LaSalle Bank of Chicago, 240 A.D.2d 384; Forte v. Kaneka America Corporation, 110 A.D.2d 81). Thus, the appellant is entitled to summary judgment dismissing the complaint insofar as asserted against her.