Peralta v. Peralta

Appellate Division of the Supreme Court of New York

Peralta v. Peralta

251 A.D.2d 63, 672 N.Y.S.2d 729, 1998 N.Y. App. Div. LEXIS 6531

Appellate Division of the Supreme Court of the State of New York·Decided June 9, 1998·Published

Opinion

—Order, Supreme Court, New York County (Joan Lobis, J.), entered March 11, 1997, which granted defendant’s motion to vacate the default judgment of divorce entered May 16, 1991, unanimously affirmed, with costs.

The motion was properly granted, it being acknowledged that the affidavit bearing defendant’s name underlying the subject uncontested divorce judgment was forged, there being [64] no proof that defendant colluded in the fraud, and there being no proof of personal jurisdiction over defendant except for this forged affidavit (CPLR 5015 [a] [4]; see, Moracchini v Moracchini, 212 App Div 21, 24-25). Concur — Milonas, J. P., Wallach, Williams, Tom and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Joan Lobis, J.), entered March 11, 1997, which granted defendant’s motion to vacate the default judgment of divorce entered May 16, 1991, unanimously affirmed, with costs.

The motion was properly granted, it being acknowledged that the affidavit bearing defendant’s name underlying the subject uncontested divorce judgment was forged, there being [64] no proof that defendant colluded in the fraud, and there being no proof of personal jurisdiction over defendant except for this forged affidavit (CPLR 5015 [a] [4]; see, Moracchini v Moracchini, 212 App Div 21, 24-25). Concur — Milonas, J. P., Wallach, Williams, Tom and Mazzarelli, JJ.

Peralta v. Peralta, 251 A.D.2d 63, 672 N.Y.S.2d 729, 1998 N.Y. App. Div. LEXIS 6531 (N.Y. Ct. App. 1998).

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251 A.D.2d 63 (Peralta v. Peralta) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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