Warner v. Houghton
| Decision Date | 25 June 2008 |
| Docket Number | No. 125 SSM 15,125 SSM 15 |
| Citation | 892 N.E.2d 385,10 N.Y.3d 913 |
| Parties | Carissa WARNER, Appellant, v. Richard HOUGHTON, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Contrary to plaintiff's contention, CPLR 5511 does not bar review of the equitable distribution components of a divorce judgment where, as here, defendant was improperly precluded from contesting the awards. Moreover, the Appellate Division did not abuse its discretion as a matter of law in vacating Supreme Court's preclusion order.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.
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