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Schwartz v. Schwartz

Citations: 224 A.D.2d 189; 637 N.Y.S.2d 931; 1996 N.Y. App. Div. LEXIS 809

Court: Appellate Division of the Supreme Court of the State of New York; January 31, 1996; New York; State Appellate Court

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The Supreme Court of New York County, presided over by Justice David Saxe, issued an order on May 31, 1995, granting the defendant's motion to dismiss a lawsuit aimed at invalidating a foreign divorce obtained in Mexico over 25 years ago. The court affirmed the dismissal unanimously, stating that the plaintiffs failed to provide sufficiently detailed allegations to substantiate claims of fraud, coercion, or oppression related to the divorce, nor did they demonstrate that the divorce was contrary to New York public policy, referencing the case Matter of Gotlib v Ratsutsky, 83 NY2d 696. The decision was concurred by Justices Rosenberger, Ellerin, Kupferman, Nardelli, and Mazzarelli.