Dorothy Telaro v. Rudolph Telaro

Summary

The New York Court of Appeals held that the prior matrimonial judgment is collateral estoppel, so the wife may assert res judicata and recover one half of the withdrawn funds. The Court reversed the Appellate Division and remanded for entry of judgment, reasoning that the wife's failure to raise the issue earlier does not constitute waiver and that issues presented at trial may be raised before this Court. Justice Bebgam dissented, contending the ownership issue was newly presented and should be affirmed.