Opinion
May 1, 1989
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the order is affirmed, without costs or disbursements.
Insofar as this plenary action seeks to adjudicate the question of title to the marital residence between ex-spouses, who failed to raise or litigate the issue in a prior matrimonial action that was commenced before the effective date of the equitable distribution law, it is barred by principles of res judicata (see, Boronow v Boronow, 71 N.Y.2d 284; Scattoreggio v Scattoreggio, 115 A.D.2d 531; Rakowski v Rakowski, 109 A.D.2d 1; Marinelli v Marinelli, 88 A.D.2d 635).
We have reviewed the remaining issues raised by the plaintiff on this appeal and find them to be without merit. Kunzeman, J.P., Rubin, Eiber and Rosenblatt, JJ., concur.