In re Neiman
New York Supreme Court
1Opinion of the CourtValente, J.
This is an application by the se'cond husband to set aside and vacate a decree procured by his present wife against her former husband in June, 1933, in a so-called Enoch Arden proceeding. (Dom. Rel. Law, § 7-a.) This is a direct attack upon a decree and is based upon the charge that the wife procured the same through fraud and had made false statements as to material facts in that proceeding concerning the whereabouts of the former *553husband. While the decree may not be challenged collaterally (Arcuri v. Arcuri, 265 N. Y. 358), it would seem that it may be attacked in the same proceeding.…
2Cases cited1 opinion
- Arcuri v. ArcuriNew York Court of Appeals · 1934
3Cited by3 opinions
- Di Giovanni v. Di GiovanniAppellate Division of the Supreme Court of the State of New York · 1958
- Roche v. RocheNew York Supreme Court · 1951
- Stanton v. StantonNew York Supreme Court · 1948