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MASONIC LODGE v. FRATERNIDAD REALTY CORP.

Index No. 655299/17. Appeal No. 15893. Case No. 2021-04764.

205 A.D.3d 453 (2022)

165 N.Y.S.3d 699

2022 NY Slip Op 03051

Masonic Lodge, Respondent, v. Fraternidad Realty Corp., Appellant.

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

Decided May 5, 2022.

Attorney(s) appearing for the Case

Yeskoo Hogan & Tamlyn, LLP, New York (Richard C. Yeskoo of counsel), for appellant.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

Defendant's proposed collateral estoppel defense is neither palpably insufficient nor devoid of merit (see MBIA Ins. Corp. v Greystone & Co., Inc., 74 A.D.3d 499, 500 [1st Dept 2010]). Plaintiff's default in the related action does not bar the assertion of the defense, as plaintiff appeared in that action, but willfully and deliberately refused to participate in the proceedings, despite a full and fair opportunity to do so (...

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