Brodsky v. Brodsky

On October 19, 1956, a decree for divorce on the ground of desertion was entered. The decree directed that plaintiff pay the defendant $130 per week as alimony and awarded the custody of their minor child to the plaintiff. On December 11, 1956, Walter Rubin-son, a brother of the defendant, filed a petition to vacate the decree. The allegations of the petition, if proved, would require the court to vacate the decree on the ground of fraud. One of the allegations is that the attorney who appeared for the defendant was procured by the plaintiff. The plaintiff filed a motion to dismiss, or in the…