Augustin v. Augustin

Nardelli, J.P., and McGuire, J.,

concur in a separate memorandum by McGuire, J., as follows: I write separately because the majority’s discussion of the only significant issue in this remarkable case is inadequate and flawed.

A judgment of divorce in an action ostensibly commenced by the wife was entered in Supreme Court, New York County, on July 1, 1985. Although no definitive conclusion can or should be reached on this record, there is a substantial basis for believing that the husband fraudulently obtained the divorce without the wife’s knowledge pursuant to a scheme he devised and executed.…