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Waldman v. Waldman

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 2008
47 A.D.3d 638 (N.Y. App. Div. 2008)

Opinion

No. 2006-00536 (Docket No. F-02872-99/05).

January 8, 2008.

In a proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Nassau County (Lawrence, J.), dated December 21, 2005, which, in effect, denied the petition to modify her child support obligation on the ground of alienation and dismissed the proceeding.

Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Argun M. Ulgen of counsel), for appellant.

Before: Spolzino, J.P., Ritter, Miller and Dickerson, JJ.


Ordered that the order is affirmed, without costs or disbursements.

The mother's particular claim of alienation of the children, which she seeks to raise in this proceeding, was litigated and adjudicated in a prior proceeding involving visitation, thereby precluding litigation of the issue in this case ( see Town of New Windsor v New Windsor Volunteer Ambulance Corps, Inc., 16 AD3d 403, 404-405; Braunstein v Braunstein, 114 AD2d 46, 53). The doctrine of res judicata bars relitigation of the issue even though the mother sought a different remedy in the instant case, modification of her child support obligation ( see O'Brien v City of Syracuse, 54 NY2d 353, 357; Town of New Windsor v New Windsor Volunteer Ambulance Corps, Inc., 16 AD3d at 405).


Summaries of

Waldman v. Waldman

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 2008
47 A.D.3d 638 (N.Y. App. Div. 2008)
Case details for

Waldman v. Waldman

Case Details

Full title:In the Matter of LISA F. WALDMAN, Appellant, v. JAYSON R. WALDMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 8, 2008

Citations

47 A.D.3d 638 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 109
848 N.Y.S.2d 543

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