Elhadi Elsheik Mohamed v Defrin

Elhadi Elsheik Mohamed v Defrin 2014 NY Slip Op 02855 Decided on April 24, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 24, 2014
Sweeny, J.P., Acosta, Saxe, Manzanet-Daniels, Clark, JJ.
12310 300484/12

[*1]Elhadi Elsheik Mohamed, Plaintiff-Appellant,

v

Larry Defrin, et al., Defendants-Respondents.




Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel),
for appellant.
Axelrod, Fingerhut & Dennis, New York (Osman Dennis of
counsel), for respondents.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered on or about December 17, 2012, which denied plaintiff's motion for summary judgment and granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The doctrine of collateral estoppel bars plaintiff's claims to compel the sale of certain parcels of real property or for a money judgment based on an order in a prior litigation, as the issues raised in this action have necessarily been decided in the prior litigation and plaintiff was accorded a full and fair opportunity to contest them (see e.g. Mohamed v Defrin, 45 AD3d 252 [1st Dept 2007], lv dismissed 11 NY3d 783 [2008]; see generally Allied Chem. v Niagara Mohawk Power Corp., 72 NY2d 271, 276 [1988]). Plaintiff has failed to articulate any legal theory, not already considered and resolved against him, that would allow him recovery here.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 24, 2014

CLERK