Basile v. Basile

Appellate Division of the Supreme Court of New York

Basile v. Basile

147 A.D.2d 670, 538 N.Y.S.2d 998, 1989 N.Y. App. Div. LEXIS 2322

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

DecidedFebruary 27, 1989

StatusPublished

This text of 147 A.D.2d 670 (Basile v. Basile) 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

Basile v. Basile, 147 A.D.2d 670, 538 N.Y.S.2d 998, 1989 N.Y. App. Div. LEXIS 2322 (N.Y. Ct. App. 1989).

Pincite

Opinion

— In a matrimonial action in which the parties were previously divorced and an action to impose a constructive trust on real property, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Beisner, J.), dated February 10, 1987, which denied their motion pursuant to CPLR 5015 (a) (3) to vacate so much of a resettled judgment of divorce entered September 5, 1986 as denied equitable distribution of the real property.

[671]*671Ordered that the judgment is affirmed, with one bill of costs.

The type of misconduct alleged by the plaintiffs to have occurred constitutes extrinsic fraud and does not trigger the exercise of the court’s power pursuant to CPLR 5015 (a) (3) to vacate orders and judgments obtained by fraud, misrepresentation, or misconduct (see, Matter of Lockett v Juviler, 65 NY2d 182; Averill v Averill, 129 AD2d 603). Thompson, J. P., Kunzeman, Spatt and Balletta, JJ., concur.

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— In a matrimonial action in which the parties were previously divorced and an action to impose a constructive trust on real property, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Beisner, J.), dated February 10, 1987, which denied their motion pursuant to CPLR 5015 (a) (3) to vacate so much of a resettled judgment of divorce entered September 5, 1986 as denied equitable distribution of the real property.

[671]*671Ordered that the judgment is affirmed, with one bill of costs.

The type of misconduct alleged by the plaintiffs to have occurred constitutes extrinsic fraud and does not trigger the exercise of the court’s power pursuant to CPLR 5015 (a) (3) to vacate orders and judgments obtained by fraud, misrepresentation, or misconduct (see, Matter of Lockett v Juviler, 65 NY2d 182; Averill v Averill, 129 AD2d 603). Thompson, J. P., Kunzeman, Spatt and Balletta, JJ., concur.

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Bluebook (online)

147 A.D.2d 670, 538 N.Y.S.2d 998, 1989 N.Y. App. Div. LEXIS 2322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/basile-v-basile-nyappdiv-1989.

Opinion

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