Rozzo v. Rozzo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
H. Miller, J.
The issue presented on this appeal is whether the postjudgment discovery provisions of CPLR article 52 may be used to enforce a money judgment against a defaulting spouse in a matrimonial action. For the reasons which follow, we conclude that the enforcing spouse is entitled to use these remedies.
The parties were divorced in March 1995. On February 2, 1993, two years before the divorce was granted, a judgment of $205,200 was entered against the defendant for pendente lite arrears. On February 10, 1994, the parties executed a stipulation of settlement which was…
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