Bouklas v. Bouklas

*107OPINION OF THE COURT

Daniel F. Luciano, J.

Motion by the defendant, George Bouklas, to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the grounds of collateral estoppel and res judicata is denied, except that so much of the motion which seeks dismissal of the claim for unreimbursed medical expenses is denied without prejudice to assertion of the defenses of collateral estoppel and res judicata at trial.

In this action to recover arrears for child support and unreimbursed medical expenses allegedly due pursuant to a written stipulation of settlement which was incorporated, but not merged,…