Fink v. Goldblatt
| Decision Date | 31 October 1963 |
| Citation | 244 N.Y.S.2d 457,13 N.Y.2d 957 |
| Parties | , 194 N.E.2d 423 Martin S. FINK, Appellant, v. Muriel S. GOLDBLATT, Respondent, and Bruce Fink et al., Defendants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 18 A.D.2d 629, 235 N.Y.S.2d 56.
Divorced husband brought action against divorced wife and children to rescind, on ground of fraud, separation agreement which provided for support of the children.
The Supreme Court, Special Term, New York County, Owen McGivern, J., 33 Misc.2d 454, 227 N.Y.S.2d the motion of the divorced wife to dismiss the amended complaint, and she appealed.
The Appellate Division, 18 A.D.2d 629, 235 N.Y.S.2d 56, reversed the order and held that where Mexican divorce decree, validity of which was not questioned, approved and incorporated separation agreement and ordered the parties to comply with it, recognition of the divorce decree by New York courts precluded impairment of mandates of the decree.
The divorced husband appealed to the Court of Appeals. Curran, Mahoney, Felix & Stim, New York City (Menahem Stim and Allen S. Stim, New York City, of counsel), for plaintiff-appellant.
Nathan Messinger, New York City, for defendant-respondent.
Judgment affirmed, with costs.
All concur.
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