Jeannotte v. Jeannotte

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order and two amended orders of the Supreme Court (Hillery, J.), entered August 9, 1995, August 14, 1995 and August 15, 1995, in Dutchess County, which granted defendant’s motion to dismiss the complaint on the ground of, inter alia, res judicata.

*712Plaintiff and defendant were married in 1964 and have one child, born in 1973. In October 1978 the parties executed a separation agreement wherein they agreed, inter alia, (1) that defendant would have exclusive possession of the marital home, (2) that…