Garibaldi v. Garibaldi

WOOD (Parker), J.

Plaintiff obtained an interlocutory judgment of divorce against defendant on August 29, 1951. A final judgment of divorce was entered on January 22, 1954, upon an ex parte motion made by defendant.

On March 2, 1956, plaintiff filed a notice of motion, and a motion, to vacate the final judgment upon the ground that it was procured by extrinsic fraud of defendant, in that, on January 19, 1954, defendant filed a false “Affidavit for Final Judgment of Divorce,” which affidavit was known by defendant to be false and was filed with the intent to deceive and it did deceive the court;…