Legal Opinion

Pezner v. Schumeyer

New York City Family Court

Decided November 25, 1986PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Denis R. Hurley, J.

INTRODUCTION

Respondent moves to vacate an order of this court granting *1019custody of the children of the parties to the petitioner, upon the grounds of fraud, that her default in appearing was excusable, and that the court lacked subject matter jurisdiction. The application is made pursuant to CPLR 5015 (a) (1), (3) and (4).

Petitioner cross-moves, inter alia, for an order either denying the relief requested by the respondent, or scheduling the matter for a hearing on the jurisdictional issue.

For the reasons hereinafter stated, a hearing will be held to…

2Cases cited18 opinions

  1. Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
  2. Vanneck v. VanneckNew York Court of Appeals · 1980
  3. O'Donoghue v. . BoiesNew York Court of Appeals · 1899
  4. Bolton v. . SchrieverNew York Court of Appeals · 1892
  5. In re the Estate of RougeronNew York Court of Appeals · 1966

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3Cited by1 opinion

  1. Elizabeth W. Williams v. Benjamin v. LambertCourt of Appeals for the Second Circuit · 1995

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