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Matter of Sultan v. Sultan

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 449 (N.Y. App. Div. 2000)

Opinion

Argued February 8, 2000.

April 3, 2000.

In a proceeding pursuant to CPLR 5241 to vacate an income execution on the ground that a mistake of fact exists with respect thereto, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Kohn, J.), dated March 26, 1999, which denied the petition and dismissed the proceeding.

Gerald Sultan, Brooklyn, N.Y., for appellant.

Murray Honig, Great Neck, N.Y., for respondent.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Although the petition challenging the income execution obtained by the former wife was timely, the former husband failed to proffer sufficient proof of a mistake of fact (see, Matter of Schwartz v. S S Auto Repair Ctr., 216 A.D.2d 473; CPLR 5241[e]).


Summaries of

Matter of Sultan v. Sultan

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 449 (N.Y. App. Div. 2000)
Case details for

Matter of Sultan v. Sultan

Case Details

Full title:IN THE MATTER OF SETH JAY SULTAN, appellant, v. LINDA SULTAN , respondent

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 449 (N.Y. App. Div. 2000)
706 N.Y.S.2d 881