Feinberg v. Feinberg
New York Court of Appeals
1Opinion of the CourtJones, J.
We hold that, in the absence of proof as to whether a foreign divorce decree and the separation agreement incorporated therein were subject to collateral attack on the ground of fraud in the foreign jurisdiction, it was error for the court on a motion for summary judgment to have adjudged that such decree and agreement were insulated from collateral attack in the courts of this State.
The record discloses that plaintiff wife and defendant husband, having been married for some 20 years, separated and in the fall of 1971 commenced negotiations looking to the execution of a separation agreement…
2Cases cited6 opinions
- Rosenstiel v. RosenstielNew York Court of Appeals · 1965
- Riemer v. RiemerNew York Court of Appeals · 1972
- Tamimi v. TamimiAppellate Division of the Supreme Court of the State of New York · 1972
- Riemer v. RiemerAppellate Division of the Supreme Court of the State of New York · 1969
- Schoenbrod v. SieglerNew York Court of Appeals · 1967
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3Cited by12 opinions
- Greschler v. GreschlerNew York Court of Appeals · 1980
- Lenchyshyn v. Pelko Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Gotlib v. RatsutskyNew York Court of Appeals · 1994
- Feinberg v. FeinbergNew York Supreme Court · 1978
- Blackburn v. BlackburnNew York Supreme Court · 1982
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