Fourth Department – Res judicata: Happy Lake House LLC v. Cross, et al.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Res judicata — Prior stipulation — Waiver

Happy Lake House LLC v. Cross, et al.

CA 25-00270

Appealed from Supreme Court, Onondaga County

Background: The plaintiff commenced an action seeking a determination that it is one-third owner of disputed land. The plaintiff appealed from an order that granted the converted motion to dismiss to one for summary judgment.

Ruling: The Appellate Division affirmed. The court held that the action is barred by res judicata. The plaintiff’s predecessor in title previously commenced an action to quiet title and recover possession of the disputed property, asserting interests through both adverse possession and by virtue of a claim under written instrument. The predecessor entered into a stipulation in open court that was memorialized in 1917 to which the plaintiff’s predecessor waived any and all rights in and to the disputed property by reason of adverse possession by written instrument.

Lisa A. Lecours, of Harris Beach Murtha Cullina, for the plaintiff-appellant; Matthew W. O’Neil, of Costello, Cooney & Fearon, for the defendants-respondents.

 Oral argument video