Lahaie v. Stortecky

— Appeal from an order of the Supreme Court at Special Term (Viscardi, J.), entered November 5, 1981 in Fulton County, which granted defendant’s motion to dismiss the complaint on the grounds of res judicata and failure to state a cause of action and denied plaintiff’s cross motion for custody of the infant issue. The parties first separated in February, 1977, when plaintiff *724moved out of the marital home with their two children. Defendant then served plaintiff with a summons and notice in an action for a separation, and on June 4, 1977 the parties signed a stipulation and agreement in the…