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Vanderbilt Mtge. & Fin., Inc. v. Palmore-Archer
Citation: 2019 NY Slip Op 8595Docket: 2016-13153
Court: Appellate Division of the Supreme Court of the State of New York; November 26, 2019; New York; State Appellate Court
Original Court Document: View Document
In Vanderbilt Mortgage and Finance, Inc. v. Palmore-Archer, the Appellate Division, Second Department, upheld a decision from the Supreme Court of Queens County that granted Vanderbilt Mortgage's motion for a writ of assistance to take possession of a mortgaged property previously owned by Gail Palmore-Archer. The ruling, dated November 27, 2019, affirmed the lower court's order from October 13, 2016, which allowed the plaintiff to reclaim possession under RPAPL 221. The court emphasized the doctrine of res judicata, stating that a final judgment in a foreclosure case precludes any further litigation regarding claims that were or could have been raised in that action. The judgment of foreclosure was deemed final, resolving all defenses and claims between the parties. Consequently, the issues raised by Palmore-Archer in her appeal were barred from consideration, as they could have been addressed before the foreclosure judgment was issued. The order was affirmed with costs, and all justices concurred in the decision.