A court granted a motion to dismiss a complaint pursuant to CPLR 3211(a)(5) on the grounds of collateral estoppel and res-judicata.

This dispute involved the right to purchase a property that had previously been occupied by a hospital. “A” owned a mortgage on the property. “B” had purchased the property after “A” had commenced a foreclosure action. “A” had obtained a judgment in its foreclosure action and the property was to be sold at auction. In January 2014, a referee held a foreclosure auction. Before the auction, “A” assigned the mortgage to “B.”

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