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Van Pier v. Long Island Savings Bank

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 1999
259 A.D.2d 453 (N.Y. App. Div. 1999)

Opinion

March 30, 1999

Appeal from the Supreme Court, New York County (Carol Arber, J.).


The action was properly dismissed as barred by the doctrine of res judicata. Plaintiff has previously, in a separate action, fully and conclusively litigated the very claims he would now raise anew respecting the alleged invalidity of certain loan agreements pursuant to which he was obligated to defendants. The IAS Court's injunction barring him from filing future orders to show cause or actions challenging the validity of the loan agreement was entirely justified under the circumstances presented ( see, Ultracashmere House v. Kenston Warehousing Corp., 166 A.D.2d 386, 387-388, appeal dismissed 77 N.Y.2d 873). We have considered and rejected plaintiff's additional arguments.

Concur — Sullivan, J. P., Nardelli, Williams and Andrias, JJ.


Summaries of

Van Pier v. Long Island Savings Bank

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 1999
259 A.D.2d 453 (N.Y. App. Div. 1999)
Case details for

Van Pier v. Long Island Savings Bank

Case Details

Full title:ANDREW VAN PIER, Appellant, v. LONG ISLAND SAVINGS BANK, FSB, et al.…

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

Date published: Mar 30, 1999

Citations

259 A.D.2d 453 (N.Y. App. Div. 1999)
687 N.Y.S.2d 351