Silvers v. Silvers

—In an action, inter alia, to recover damages for breach of contract, to impose a constructive trust, and to vacate a separation agreement dated May 26, 1981, the plaintiff Maria Silvers appeals from an order of the Supreme Court, Queens County (Posner, J.), dated June 30, 1998, which granted the defendant’s motion pursuant to CPLR 3211 to dismiss the complaint insofar as asserted by her.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the appellant is precluded by the doctrine of res judicata from relitigating legal or equitable title to the subject…