WOLFERT v. BUTTOLPH


206 A.D.2d 359 (1994)

614 N.Y.S.2d 53

Jeffrey D. Wolfert, Respondent, v. John Buttolph et al., Defendants, and Allen Weinstein et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1994


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion is denied.

Where, as here, the question of whether a satisfaction of judgment should be vacated involves issues wholly unrelated to the basis of the action upon which the judgment was entered and occurring outside of the original litigation, those issues are properly raised and determined in a plenary action upon appropriate pleadings (see, Matter...

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