Rainbow v. Swisher
New York Court of Appeals
1Opinion of the Court
*108OPINION OF THE COURT
Kaye, J.
A judgment of divorce entered by a court with subject matter and personal jurisdiction is not, in the circumstances presented, open to later collateral attack on the ground that the judgment erroneously failed to embody the terms of the parties’ settlement agreement regarding merger of the agreement into the decree. Given the nature of the alleged error and the parties’ long reliance on the judgment, defendant husband cannot now challenge its accuracy.
After 23 years of marriage and six children, plaintiff began an action in Supreme Court for divorce, which was…
2Cases cited21 opinions
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Goldman v. GoldmanNew York Court of Appeals · 1940
- Lynn v. LynnNew York Court of Appeals · 1951
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3Cited by157 opinions
- MATTER OF MECCICO v. MeccicoNew York Court of Appeals · 1990
- Xiao Yang Chen v. FischerNew York Court of Appeals · 2005
- Baldwin v. EMI Feist Catalog, Inc.Court of Appeals for the Second Circuit · 2015
- British International Insurance Company Limited v. Seguros La Republica, S.A.Court of Appeals for the Second Circuit · 2003
- Sieratzki v. SieratzkiAppellate Division of the Supreme Court of the State of New York · 2004
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