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

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

DecidedJune 9, 1998

StatusPublished

This text of 251 A.D.2d 63 (Peralta v. Peralta) 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

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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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]*64no 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]*64no 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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251 A.D.2d 63, 672 N.Y.S.2d 729, 1998 N.Y. App. Div. LEXIS 6531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peralta-v-peralta-nyappdiv-1998.

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