TALLARICO v. TALLARICO


251 A.D.2d 55 (1998)

672 N.Y.S.2d 720

Kathleen V. Tallarico, Appellant, v. Steven Tallarico, Respondent

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

June 4, 1998


The parties entered into a settlement agreement in New Hampshire in 1987, which agreement was incorporated, but not merged, in the subsequent judgment of divorce in that State.

Plaintiff was properly precluded from collaterally attacking the parties' settlement agreement since, as a threshold matter, she failed to demonstrate, even to the extent necessary to sustain her action beyond the pleading stage, that the foreign divorce judgment, incorporating the settlement...

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