Rivara v. Rivara

The court is called upon to determine whether an “ order” of the Family Court, County of Nassau, which established that the respondent husband was in arrears to the petitioner wife in the sum of $3,000 can come to the District Court, County of Nassau, to obtain a judgment pursuant to CPLR 3213, to wit: summary judgment in lieu of complaint.

This must be ansiwered in the negative.

'CPLR 3213 is clear and explicit. It states 11 an action * * * based upon an instrument for the payment of money only or upon any judgment ”.

Examining the order of the Family Court, Index No. F1110/73, the court…