Neita W. v. Canute W.

OPINION OF THE COURT

Ruth J. Zuckerman, J.

Before the court in this child support proceeding is respondent’s motion to dismiss the petition, pursuant to CPLR 3211 (subd [a], par 5), on the ground of res judicata in that petitioner’s application for the relief she seeks herein was previously denied by the Supreme Court of Bronx County. The undisputed facts and circumstances surrounding this motion are as follows:

On March 2, 1979, a judgment granting petitioner a divorce from respondent was entered in Supreme Court, Bronx County. The judgment, which contained no provision for child support,…