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Balatti v. Balatti

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1996
232 A.D.2d 593 (N.Y. App. Div. 1996)

Opinion

October 28, 1996.

In a matrimonial action in which the parties 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.

Before: Mangano, J.P., Rosenblatt, Sullivan and Hart, JJ.


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).


Summaries of

Balatti v. Balatti

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1996
232 A.D.2d 593 (N.Y. App. Div. 1996)
Case details for

Balatti v. Balatti

Case Details

Full title:ANTHONY BALATTI, Respondent, v. AIDA BALATTI, Appellant

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

Date published: Oct 28, 1996

Citations

232 A.D.2d 593 (N.Y. App. Div. 1996)
648 N.Y.S.2d 701

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