Parker v. Rathjen

Full title: JOHN D. PARKER, Appellant, v. STEPHEN P. RATHJEN, Defendant, and CITIBANK…

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

Date published: Jun 3, 1996

228 A.D.2d 424 (N.Y. App. Div. 1996)

643 N.Y.S.2d 417

Opinion

June 3, 1996

Appeal from the Supreme Court, Suffolk County (Floyd, J.).

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the defendants Citibank, N.A., and Citicorp Mortgage, Inc., for summary judgment, as the plaintiff was collaterally estopped from relitigating the issue of his fraud ( see, Citibank v. Rathjen, 202 A.D.2d 235). In any event, the plaintiff's claim raised no triable issue of fact.

The plaintiff's remaining contentions are without merit. Bracken, J.P., O'Brien, Joy and Florio, JJ., concur.