Morrissey v. Morrissey - Matrimonial Action Dismissal

New York Appellate Division

Filed March 3rd, 2026

Detected March 4th, 2026

Summary

The Appellate Division of the Supreme Court of the State of New York affirmed the denial of the plaintiff's motion to consolidate a Family Court proceeding and granted the defendant's cross-motion to dismiss the matrimonial action. The court found that a prior pending action in Queens County involved the same parties, subject matter, and relief sought.

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What changed

The Appellate Division of the Supreme Court of New York, First Department, affirmed an order denying the plaintiff wife's motion to consolidate a Family Court proceeding with her matrimonial action and to renew an award of maintenance. The court also affirmed the dismissal of the wife's matrimonial action, finding that a prior matrimonial action filed by the same parties in Queens County was pending and sought substantially the same relief.

This decision means the wife's current matrimonial action is dismissed, and any related proceedings must be handled within the existing Queens County matrimonial action. Parties involved in similar litigation should ensure proper procedural steps are taken to avoid dismissal based on prior pending actions, as courts have discretion to dismiss based on CPLR 3211(a)(4) when substantially the same case is already before another court.

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March 3, 2026 Get Citation Alerts Add Note

Morrissey v. Morrissey

Appellate Division of the Supreme Court of the State of New York

Citations: 2026 NY Slip Op 01164
Docket Number: Index No. 301220/24; Appeal No. 5977; Case No. 2025-01632
Opinion
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Combined Opinion

Morrissey v Morrissey (2026 NY Slip Op 01164)
| Morrissey v Morrissey |
| 2026 NY Slip Op 01164 |
| Decided on March 03, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |

Decided and Entered: March 03, 2026
Before: Webber, J.P., Shulman, Higgitt, Rosado, Hagler, JJ.
Index No. 301220/24|Appeal No. 5977|Case No. 2025-01632|

*[1]Martha Elizalde Morrissey, Plaintiff-Appellant,

Michael Joseph Morrissey, Defendant-Respondent.**

Martha Elizalde Morrissey, appellant pro se.

Zimmet Law Group P.C., New York (Richard A. Schioppo of counsel), for respondent.

Order, Supreme Court, New York County (Michael L. Katz, J.), entered on or about January 24, 2025, which denied plaintiff wife's motion to consolidate a Family Court proceeding pending in New York County with this matrimonial action, and for a renewed award of maintenance and for pendente lite relief, without prejudice to seeking the same relief in a pending matrimonial action between the parties in Supreme Court, Queens County, and granted defendant husband's cross-motion to dismiss the action pursuant to CPLR 3211(a)(4), unanimously affirmed, without costs.

The husband demonstrated that the Queens County matrimonial action, which was pending at the time the wife commenced this matrimonial action, arose from the same subject matter, sought substantially the same relief, and involved the same parties. Accordingly, Supreme Court providently exercised its "broad discretion" in granting the husband's cross-motion to dismiss pursuant to CPLR 3211(a)(4) (Whitney v Whitney, 57 NY2d 731, 732 [1982]; see Matter of Pryce v Pryce, 160 AD3d 965, 966 [2d Dept 2018]).

We have reviewed the wife's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: March 3, 2026