Caiazza v Merola

Caiazza v Merola 2011 NY Slip Op 08984 Decided on December 13, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 13, 2011
Mazzarelli, J.P., Andrias, Renwick, Freedman, Manzanet-Daniels, JJ.
6317 309700/09

[*1]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.

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 NY3d 179, 185 [2003]; De Ganay v De Ganay, 269 AD2d 157 [2000]).

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 13, 2011

CLERK