FOLEY v. FOLEY


150 A.D.2d 339 (1989)

Paula J. Foley, Appellant, v. Michael J. Foley, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 1, 1989


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

Insofar as this plenary action seeks to adjudicate the question of title to the marital residence between ex-spouses, who failed to raise or litigate the issue in a prior matrimonial action that was commenced before the effective date of the equitable distribution law, it is barred by principles of res judicata (see, Boronow v Boronow, 71 N.Y.2d 284

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