Legal Opinion
Eickhoff v. Eickhoff
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 2004PublishedCited by 1 opinion
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Lebous, J.), entered March 17, 2003 in Broome County, which, inter alia, granted defendant’s motion to dismiss the complaint.
In this action, plaintiff seeks to impose a constructive trust on defendant’s music business and two duplex apartments. Supreme Court, finding that the issues were fully litigated in the parties’ 1998 matrimonial action, dismissed the complaint as barred by the doctrine of res judicata. Plaintiff appeals.
We affirm. Where a party to a concluded matrimonial action was afforded a full and fair opportunity to contest title and…
2Cases cited5 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Boronow v. BoronowNew York Court of Appeals · 1988
- Hydro Investors, Inc. v. Trafalgar Power, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Glass v. GlassAppellate Division of the Supreme Court of the State of New York · 1992
- Jeannotte v. JeannotteAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by1 opinion
- In re the Estate of RyanNew York Surrogate's Court · 2006