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POLGAR v. FOCACCI

2 Misc.3d 836 (2003)

771 N.Y.S.2d 814

KATALAN POLGAR, Plaintiff, v. MAURICIO FOCACCI, Defendant.

Supreme Court, New York County.

December 22, 2003.

Attorney(s) appearing for the Case

Coblence & Warner, P.C., New York City (Rita Warner of counsel), for defendant.

Herman Sloan Robarge & Sullivan LLP, New York City (Robert Moses of counsel), for plaintiff.

OPINION OF THE COURT

JUDITH J. GISCHE, J.

Defendant moves to dismiss that part of plaintiff's complaint which seeks the ancillary reliefs of custody, child support and spousal support. He claims that such issues have been fully litigated in the Italian courts and are barred here by principles of res judicata. Plaintiff opposes the motion and, instead, cross-moves to discontinue this divorce action, in its...

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