Peralta v. Peralta

Full title: GEORGINA PERALTA, Appellant, v. NELSON PERALTA, Respondent

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

Date published: Jun 9, 1998

251 A.D.2d 63 (N.Y. App. Div. 1998)

672 N.Y.S.2d 729

Opinion

June 9, 1998

Appeal from the Supreme Court, New York County (Joan Lobis, J.).

The motion was properly granted, it being acknowledged that the affidavit bearing defendants name underlying the subject uncontested divorce judgment was forged, there being 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.