Corr v. Corr

Appellate Division of the Supreme Court of New York

Corr v. Corr

298 A.D.2d 424, 748 N.Y.S.2d 261, 2002 N.Y. App. Div. LEXIS 9868

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 2002

StatusPublished

This text of 298 A.D.2d 424 (Corr v. Corr) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corr v. Corr, 298 A.D.2d 424, 748 N.Y.S.2d 261, 2002 N.Y. App. Div. LEXIS 9868 (N.Y. Ct. App. 2002).

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Opinion

In a matrimonial action in which the parties [425]*425were divorced by judgment entered June 27, 1995, the defendant former wife appeals from so much of an order of the Supreme Court, Nassau County (Maraño, J.), dated September 4, 2001, as denied her motion for leave to enter a money judgment for maintenance arrears and for an award of an attorney’s fee on the grounds of res judicata and collateral estoppel.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the motion on the merits.

Under the circumstances of this case, the doctrines of res judicata and collateral estoppel are not applicable (see Buechel v Bain, 97 NY2d 295, 303; Ryan v New York Tel. Co., 62 NY2d 494, 500; Matter of Dyandria M. v Gerard M., 278 AD2d 37). O’Brien, J.P., Krausman, Townes and Cozier, JJ., concur.

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In a matrimonial action in which the parties [425]*425were divorced by judgment entered June 27, 1995, the defendant former wife appeals from so much of an order of the Supreme Court, Nassau County (Maraño, J.), dated September 4, 2001, as denied her motion for leave to enter a money judgment for maintenance arrears and for an award of an attorney’s fee on the grounds of res judicata and collateral estoppel.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a determination of the motion on the merits.

Under the circumstances of this case, the doctrines of res judicata and collateral estoppel are not applicable (see Buechel v Bain, 97 NY2d 295, 303; Ryan v New York Tel. Co., 62 NY2d 494, 500; Matter of Dyandria M. v Gerard M., 278 AD2d 37). O’Brien, J.P., Krausman, Townes and Cozier, JJ., concur.

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Bluebook (online)

298 A.D.2d 424, 748 N.Y.S.2d 261, 2002 N.Y. App. Div. LEXIS 9868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corr-v-corr-nyappdiv-2002.

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