Legal Opinion

Caiazza v. Merola

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2011PublishedCited by 1 opinion

1Opinion of the Court

In this action for equitable distribution of property following a partial foreign judgment of divorce, plaintiff now seeks equitable distribution of certain property which was not specifically addressed in the Italian judgment of divorce. However, the record did not support plaintiffs contention that her claims could not have been raised during the Italian proceedings, and the instant action was properly dismissed as barred by res judicata (see O’Connell v Corcoran, 1 NY3d 179, 185 [2003]; De Ganay v De Ganay, 269 AD2d 157 [2000]).

We have considered plaintiffs remaining arguments and find…

2Cases cited2 opinions

  1. O'CONNELL v. CorcoranNew York Court of Appeals · 2003
  2. De Ganay v. De GanayAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. Conlon v. ConlonAppellate Division of the Supreme Court of the State of New York · 2014

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