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· 10/7/2010

Swiatkowski v. Citibank

Citations

  • 745 F. Supp. 2d 150
  • 2010 WL 4791771
  • 2010 U.S. Dist. LEXIS 107317

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “to the extent that plaintiff claims she was aggrieved by the state court’s ruling, the proper venue to challenge that decision was by appeal in the state court – not in federal court.”
  • explaining that state court Final Judgment of Foreclosure and Sale is adjudication on the merits in satisfaction of the first requirement of res judicata
  • taking judicial notice of filings from plaintiffs’ bankruptcy proceedings in action arising from foreclosure judgment in state court
  • declining to “retain jurisdiction over any remaining state law claims plaintiff is attempting to assert given the absence of any federal claims that survive[]” after dismissing plaintiff’s federal claims
  • the plaintiffs’ claims were barred because they were based on “the allegation that [the] defendants improperly obtained a Judgment of Foreclosure and Sale.”
  • the plaintiffs’ RICO claims were barred because they were based on “the allegation that [the] defendants improperly obtained a Judgment of Foreclosure and Sale.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Joseph F. Bianco

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.