Shaine Kadyorios v Carol Nelson

Kadyorios v Nelson 2005 NY Slip Op 09632 [24 AD3d 233] December 15, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

Shaine Kadyorios, Respondent,
v
Carol Nelson, Appellant.

—[*1]

Order, Supreme Court, Bronx County (Ira R. Globerman, J.), entered March 22, 2005, which denied defendant's motion to dismiss the amended complaint seeking a divorce and distribution of marital property, unanimously affirmed, without costs.

The pleadings stated a cause of action that was sufficient to overcome the motion to dismiss. As the validity of the ex parte Dominican Republic divorce has not yet been determined, plaintiff cannot, as yet, be barred by the doctrine of res judicata from seeking ancillary relief, and dismissal on the basis of the prior divorce would be premature (see Kushnick v Kushnick, 196 Misc 2d 140 [2003]). We have considered and rejected defendant's remaining arguments. Concur—Buckley, P.J., Andrias, Catterson and Malone, JJ.