Balatti v. Balatti
Opinion of the Court
—In a matrimonial action in which the
Ordered that the order is affirmed, with costs.
The defendant former wife seeks to vacate on the ground of fraud so much of the judgment of divorce as incorporated by reference a stipulation of settlement previously executed by the parties. Because the former wife’s allegations of fraud relate to the underlying transaction rather than the procurement of the judgment itself, the former wife’s motion was properly denied (see, Cofresi v Cofresi, 198 AD2d 321; Altman v Altman, 150 AD2d 304). Mangano, P. J., Rosenblatt, Sullivan and Hart, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.