Legal Opinion

Feldbein v. Roussov

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 2009Published

1Opinion of the Court

In an action for a divorce, the defendant appeals from an order of the Supreme Court, Richmond County (Pizzuto, J.H.O.), dated January 22, 2008, which, after a hearing, denied his motion to vacate a judgment of divorce of the same court (Giacobbe, J.) entered December 8, 2005, upon his default in answering the plaintiffs complaint.

Ordered that the order is affirmed, with costs.

The record supports the hearing court’s determination that the defendant failed to establish any grounds for vacating the judgment of divorce (see CPLR 5015 [a] [1], [3], [4]; cf. Nitze v Gallagher, 138 AD2d 466 [1988];…

2Cases cited3 opinions

  1. Bartal v. BartalAppellate Division of the Supreme Court of the State of New York · 1986
  2. Covello v. CovelloAppellate Division of the Supreme Court of the State of New York · 1986
  3. Nitze v. GallagherAppellate Division of the Supreme Court of the State of New York · 1988

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