FEINBERG v. FEINBERG


40 N.Y.2d 124 (1976)

Audrey Feinberg, Appellant, v. Herbert Feinberg, Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1976.


Attorney(s) appearing for the Case

Norman Solovay for appellant.

Irwin M. Taylor and Milton G. Gershenson for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur.


JONES, J.

We hold that, in the absence of proof as to whether a foreign divorce decree and the separation agreement incorporated therein were subject to collateral attack on the ground of fraud in the foreign jurisdiction, it was error for the court on a motion for summary judgment to have adjudged that such decree and agreement were insulated from collateral attack in the courts of this State.

The record...

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