Melnitzky v. Besobrasow
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*396Order, Supreme Court, New York County (Judith J. Gische, J.), entered November 26, 2003, which, to the extent appealed from, granted defendant’s motion to dismiss the complaint with prejudice, unanimously affirmed, without costs.
All issues and claims raised herein that were or could have been addressed in plaintiffs matrimonial action, particularly regarding the inventory of the safe deposit boxes, are barred, even if based on different theories or sought under a different remedy (see Ryan v New York Tel. Co., 62 NY2d 494 [1984]). Further, the claims of conversion, theft, damage to property,…
2Cases cited3 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Melnitzky v. MelnitzkyAppellate Division of the Supreme Court of the State of New York · 2001
- Melnitzky v. LoPretoAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by2 opinions
- Melnitzky v. Apple Bank for SavingsAppellate Division of the Supreme Court of the State of New York · 2005
- Melnitzky v. North Fork Savings BankAppellate Division of the Supreme Court of the State of New York · 2005