Balatti v. Balatti

Appellate Division of the Supreme Court of New York

Balatti v. Balatti

232 A.D.2d 593, 648 N.Y.S.2d 701, 1996 N.Y. App. Div. LEXIS 11336

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

DecidedOctober 28, 1996

StatusPublished

Cited by5 cases

This text of 232 A.D.2d 593 (Balatti v. Balatti) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balatti v. Balatti, 232 A.D.2d 593, 648 N.Y.S.2d 701, 1996 N.Y. App. Div. LEXIS 11336 (N.Y. Ct. App. 1996).

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Opinion

—In a matrimonial action in which the [594]*594parties were divorced by a judgment dated June 20, 1994, the defendant former wife appeals from an order of the Supreme Court, Kings County (Rigler, J.), dated October 11, 1995, which denied her motion, inter alia, to vacate so much of the judgment of divorce as incorporated by reference a stipulation of settlement dated March 3, 1994.

Ordered that the order is affirmed, with costs.

The defendant former wife seeks to vacate on the ground of fraud so much of the judgment of divorce as incorporated by reference a stipulation of settlement previously executed by the parties. Because the former wife’s allegations of fraud relate to the underlying transaction rather than the procurement of the judgment itself, the former wife’s motion was properly denied (see, Cofresi v Cofresi, 198 AD2d 321; Altman v Altman, 150 AD2d 304). Mangano, P. J., Rosenblatt, Sullivan and Hart, JJ., concur.

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—In a matrimonial action in which the [594]*594parties were divorced by a judgment dated June 20, 1994, the defendant former wife appeals from an order of the Supreme Court, Kings County (Rigler, J.), dated October 11, 1995, which denied her motion, inter alia, to vacate so much of the judgment of divorce as incorporated by reference a stipulation of settlement dated March 3, 1994.

Ordered that the order is affirmed, with costs.

The defendant former wife seeks to vacate on the ground of fraud so much of the judgment of divorce as incorporated by reference a stipulation of settlement previously executed by the parties. Because the former wife’s allegations of fraud relate to the underlying transaction rather than the procurement of the judgment itself, the former wife’s motion was properly denied (see, Cofresi v Cofresi, 198 AD2d 321; Altman v Altman, 150 AD2d 304). Mangano, P. J., Rosenblatt, Sullivan and Hart, JJ., concur.

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Bluebook (online)

232 A.D.2d 593, 648 N.Y.S.2d 701, 1996 N.Y. App. Div. LEXIS 11336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balatti-v-balatti-nyappdiv-1996.

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