Opinion
October 26, 1992
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the order and judgment is affirmed, with costs.
"[A] party to a concluded matrimonial action, who had a full and fair opportunity to contest title to the former marital home, is barred by res judicata principles from subsequently and separately reopening that issue" (Boronow v Boronow, 71 N.Y.2d 284, 286). We disagree with the plaintiff's contention that in his prior unsuccessful matrimonial action he was denied a full and fair opportunity to litigate his claim that a constructive trust should be imposed on the marital residence. Under the circumstances, this plenary action to adjudicate the issue of title to the marital residence, which could have been, but was not litigated in the prior matrimonial action, is barred (see, Boronow v Boronow, supra; Rakowski v Rakowski, 109 A.D.2d 1; see also, Brady v Brady, 101 A.D.2d 797, affd 64 N.Y.2d 339; Stepakoff v Stepakoff, 96 A.D.2d 1097). Bracken, J.P., Sullivan, Balletta and Copertino, JJ, concur.