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KADYORIOS v. NELSON

24 A.D.3d 233 (2005)

805 N.Y.S.2d 280

SHAINE KADYORIOS, Respondent, v. CAROL NELSON, Appellant.

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

December 15, 2005.

The pleadings stated a cause of action that was sufficient to overcome the motion to dismiss. As the validity of the ex parte Dominican Republic divorce has not yet been determined, plaintiff cannot, as yet, be barred by the doctrine of res judicata from seeking ancillary relief, and dismissal on the basis of the prior divorce would be premature (see Kushnick v. Kushnick, 196 Misc.2d 140

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