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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. BENJAMIN

1 A.D.3d 39 (2003)

766 N.Y.S.2d 1

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., et al., Respondents, v. CLIFFORD B. BENJAMIN, Appellant.

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

October 23, 2003.

Attorney(s) appearing for the Case

Bresslser, Amery & Ross (Lawrence D. Ross, David J. Campbell and Thomas L. Weisenbeck of counsel), for respondents.

Kaufmann, Feiner, Yamin, Gildin & Robbins LLP (Kevin M. Shelley of counsel), for appellant.

BUCKLEY, P.J., MAZZARELLI, WILLIAMS and MARLOW, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

Parties to an action for dissolution of a marriage are entitled to anticipate the final resolution of all issues relating to the marriage relationship without fragmentation and are obligated to litigate all issues affecting the marriage in that action (see Boronow v Boronow, 71 N.Y.2d 284, 290-291 [1988]). Thus, important issues ancillary to the dissolution of the marriage, such...

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