Casson v. Casson

I disagree with the majority, which sustained the determination at Special Term, granting summary judgment dismissing defendant’s seventh affirmative defense and counterclaim as barred by res judicata and/or collateral estoppel. Accordingly, I would reverse the order to the extent appealed from and reinstate the seventh affirmative defense and counterclaim alleged in the answer.

The parties were married on October 2,1969. On September 5, 1970, they entered into a separation agreement and were subsequently divorced in Mexico on October 24, 1970, the separation agreement being incorporated, but…