ROZZO v. ROZZO


274 A.D.2d 53 (2000)

712 N.Y.S.2d 137

SHEILA ROZZO, Appellant, v. JOSEPH ROZZO, Respondent.

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

July 31, 2000.


Attorney(s) appearing for the Case

Thaler & Gertler, L. L. P., Westbury (Harold J. Levy of counsel), for appellant.

Capetola & Doddato, Williston Park (Linda Kule of counsel), for respondent.

JOY, J.P., SULLIVAN and FRIEDMANN, JJ., concur.


OPINION OF THE COURT

H. MILLER, J.

The issue presented on this appeal is whether the postjudgment discovery provisions of CPLR article 52 may be used to enforce a money judgment against a defaulting spouse in a matrimonial action. For the reasons which follow, we conclude that the enforcing spouse is entitled to use these remedies.

The parties were divorced in March 1995. On February 2, 1993, two years before the divorce was granted, a judgment of...

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