Opinion
2011-12-13
Cleonice CAIAZZA, Plaintiff–Appellant v. Jerry MEROLA, Defendant–Respondent.
AmedLaw, New York (Naved Amed of counsel), for appellant. Stern & Zingman, LLP, New York (Andrew D. Stern of counsel), for respondent.
AmedLaw, New York (Naved Amed of counsel), for appellant. Stern & Zingman, LLP, New York (Andrew D. Stern of counsel), for respondent.
MAZZARELLI, J.P., ANDRIAS, RENWICK, FREEDMAN, MANZANET–DANIELS, JJ.
Order, Supreme Court, New York County (Saralee Evans, J.), entered on or about May 13, 2010, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
In this action for equitable distribution of property following a partial foreign judgment of divorce, plaintiff now seeks equitable distribution of certain property which was not specifically addressed in the Italian judgment of divorce. However, the record did not support plaintiff's contention that her claims could not have been raised during the Italian proceedings, and the instant action was properly dismissed as barred by res judicata ( see O'Connell v. Corcoran, 1 N.Y.3d 179, 185, 770 N.Y.S.2d 673, 802 N.E.2d 1071 [2003]; De Ganay v. De Ganay, 269 A.D.2d 157, 701 N.Y.S.2d 434 [2000] ).
We have considered plaintiff's remaining arguments and find them unavailing.