Varieur v. Varieur

—Order unanimously modified on *932the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action seeking a divorce on the grounds of constructive abandonment and cruel and inhuman treatment and immediately moved for pendente lite relief. Supreme Court denied defendant’s cross motion to dismiss the complaint on res judicata grounds (see, CPLR 3211 [a] [5]) and subsequent motion to strike plaintiff’s trial note of issue.

The doctrine of res judicata bars the relitigation of the cause of action for constructive abandonment as well as the…