Legal Opinion
Somma v. Somma
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2005PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, for a declaration of the validity of a foreign judgment of divorce and for the equitable distribution of marital property, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Barros, J.), dated July 9, 2004, as granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground that the action is barred by the doctrine of res judicata.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the complaint is reinstated, and the…
2Cases cited13 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Williams v. North CarolinaSupreme Court of the United States · 1943
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Estin v. EstinSupreme Court of the United States · 1948
- Vanderbilt v. VanderbiltSupreme Court of the United States · 1957
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3Cited by3 opinions
- Von Schack v. Von SchackSupreme Judicial Court of Maine · 2006
- Sannuto v. Palma-SannutoAppellate Division of the Supreme Court of the State of New York · 2006
- McNamee Construction Corp. v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2009