EICKHOFF v. EICKHOFF


12 A.D.3d 741 (2004)

783 N.Y.S.2d 482

HELEN B. EICKHOFF, Appellant, v. JOHN B. EICKHOFF, Respondent.

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

November 4, 2004.


Mugglin, J.

In this action, plaintiff seeks to impose a constructive trust on defendant's music business and two duplex apartments. Supreme Court, finding that the issues were fully litigated in the parties' 1998 matrimonial action, dismissed the complaint as barred by the doctrine of res judicata. Plaintiff appeals.

We affirm. Where a party to a concluded matrimonial action was afforded a full and fair opportunity to contest title and distribution of marital...

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