MELNITZKY v. NORTH FORK SAVINGS BANK (2005)

Order, Supreme Court, New York County (Judith J. Gische, J.), entered November 26, 2003, which granted defendant's motion pursuant to CPLR 3211 to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff challenges defendant's procedure in conducting inventory of several safe deposit boxes used by him to store what was previously determined to be marital property (Melnitzky v. Melnitzky, 284 A.D.2d 240, 726 N.Y.S.2d 649 [2001] ).   As we stated in Melnitzky v. LoPreto, 8 A.D.3d 4, 777 N.Y.S.2d 304 [2004] and most recently in Melnitzky v. Besobrasow, 14 A.D.3d 395, 787 N.Y.S.2d 655 [2005], any claims that were or could have been addressed in the matrimonial action regarding the inventory of the safe deposit boxes are barred by collateral estoppel (CPLR 3211[a][5] ), even if based on different theories or sought under a different remedy (see Ryan v. New York Tel. Co., 62 N.Y.2d 494, 478 N.Y.S.2d 823, 467 N.E.2d 487 [1984] ).   Moreover, the claims for conversion and prima facie tort are time-barred (CPLR 214[3] and [4] ).