Home/Appellate Division of the Supreme Court of New York/Corr v. Corr

Corr v. Corr

298 A.D.2d 424, 748 N.Y.S.2d 261, 2002 N.Y. App. Div. LEXIS 9868
Procedural entryThis page is a short order in Corr v. Corr. Read the opinion of the Court — 3 A.D.3d 567 →
Appellate Division of the Supreme Court of the State of New York·Decided October 15, 2002·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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).

298 A.D.2d 424 (Corr v. Corr) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Buechel v. Bain
766 N.E.2d 914 (New York Court of Appeals, 2001)
Ryan v. New York Telephone Co.
467 N.E.2d 487 (New York Court of Appeals, 1984)
Dyandria M. v. Gerard M.
278 A.D.2d 37 (Appellate Division of the Supreme Court of New York, 2000)