O'Connell v. O'Connell

Appeal from an order of the Supreme Court (Hughes, J.), entered June 1, 1995 in Albany County, which denied defendant’s motion to dismiss the complaint on the ground of, inter alia, res judicata.

The parties were married in 1959 and a divorce action, based on cruel and inhuman treatment, was commenced by plaintiff in 1982. The action was dismissed after trial and, on appeal, this Court affirmed (see, O’Connell v O’Connell, 116 AD2d 823). Plaintiff relocated to Vermont and brought another action for *951divorce, with venue in Bennington Family Court. That court sent defendant a "Notice of Hearing”…