COOK v. COOK


260 A.D.2d 160 (1999)

687 N.Y.S.2d 368

ARTHUR COOK, Appellant, v. LOVELL COOK, Respondent. LOVELL COOK, Respondent, v. ARTHUR COOK, Appellant.

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

Decided April 1, 1999.


The motion court correctly held that the 1991 default judgment of divorce, notwithstanding its failure to set forth any provisions for distribution of property as mandated by Domestic Relations Law § 236 (B) (5) (a), constitutes res judicata barring the former husband from commencing a subsequent separate action asserting an equitable distribution claim, which issue he had a full and fair opportunity to litigate in the original...

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