Averill v. Averill

Full title: MARGARET AVERILL, Appellant, v. EDWARD AVERILL, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 13, 1987

129 A.D.2d 603 (N.Y. App. Div. 1987)

Opinion

April 13, 1987

Appeal from the Supreme Court, Queens County (Berkowitz, J.).

Ordered that the order is affirmed, with costs.

The court's inherent power to vacate orders and judgments obtained by fraud or misrepresentation does not extend to intrinsic fraud such as that which the plaintiff claims to have occurred in this case (see, Matter of Lockett v Juviler, 65 N.Y.2d 182, 186; People v Harris, 118 A.D.2d 583, appeal granted 67 N.Y.2d 1053). Bracken, J.P., Brown, Niehoff and Kooper, JJ., concur.