BORONOW v. BORONOW


71 N.Y.2d 284 (1988)

Yvette Boronow, Appellant, v. Eugene Boronow, Respondent.

Court of Appeals of the State of New York.

Decided February 11, 1988.


Attorney(s) appearing for the Case

David Howe for appellant.

Norman Paul Weiss for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., J., concur; Judge TITONE taking no part.


BELLACOSA, J.

We agree with the Appellate Division that 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. The discretionary authority reposed in the courts under Domestic Relations Law § 234 is not to the contrary and may not be read as conferring...

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