Gleason v. Gleason, 26 N.Y.2d 127 (1970)
A New York court’s ability to entertain a collateral attack on a foreign divorce decree based on fraud depends on whether such an attack would be permitted in the rendering jurisdiction, considered under principles of comity.
Summary
This case addresses whether a New York court can hear a collateral attack on a Dominican Republic divorce decree and separation agreement based on the husband’s alleged fraud. The wife claimed the husband failed to disclose ongoing negotiations to sell his family business, which would have significantly impacted her decision to sign the agreement. The Court of Appeals held that the initial determination must be whether Dominican Republic courts would allow a similar collateral attack. If so, New York courts, under principles of comity, should also consider the merits of the fraud claim. If not, the New York court should then consider whether exceptional circumstances warrant allowing the attack despite Dominican law.
Facts
The wife and husband, married for 20 years, separated and began negotiating a separation agreement and divorce in 1971. On March 20, 1972, they signed a separation agreement, and the wife authorized an appearance on her behalf in a Dominican Republic divorce proceeding. Four days later, the husband obtained a divorce decree in the Dominican Republic. Less than three weeks after the divorce, the wife learned the husband’s family business had been sold for $28.5 million. Less than three months after the divorce, the wife sued to set aside the divorce decree and separation agreement, alleging fraud.
Procedural History
The wife sued to set aside the Dominican Republic divorce decree and the separation agreement. Special Term concluded the husband committed fraud but dismissed the action, holding that the divorce decree could not be collaterally attacked in New York. The Appellate Division affirmed, disagreeing with the finding of fraud. The New York Court of Appeals reversed the grant of summary judgment and remitted the case for trial.
Issue(s)
Whether a New York court may entertain a collateral attack for fraud on a divorce decree rendered in the Dominican Republic.
Holding
No, not without first determining whether the divorce decree and separation agreement may be collaterally attacked in the courts of the Dominican Republic for the alleged fraud, because New York courts normally accord comity to foreign judgments, giving them the same recognition as judgments from sister states, but the extent of that recognition depends on the law of the rendering jurisdiction.
Court’s Reasoning
The court reasoned that New York courts typically grant comity to foreign judgments, giving them the same effect as judgments from sister states under the Full Faith and Credit Clause. However, this principle is not absolute. The initial step is to determine whether the Dominican Republic would allow a collateral attack on the divorce decree and separation agreement based on the alleged fraud. If the Dominican Republic permits such an attack, New York courts should also consider the merits of the fraud claim. As the court stated, “where collateral attack on the ground of fraud would be permitted in the courts of the foreign State in which the judgment had been rendered, our courts will entertain a similar challenge.”
If the Dominican Republic bars collateral attacks, the New York court should then consider whether there are sufficient circumstances to warrant allowing a collateral attack despite Dominican law. The court noted that “if proof with respect to the laws of the Dominican Republic demonstrates that collateral attack would be barred in the courts of that Country or that there were doubts as to whether it would be permitted, the trial court in this case should nonetheless then consider, under principles of comity, whether there are here sufficient circumstances to warrant allowing collateral attack notwithstanding that such an attack would not be permitted in the courts of the Dominican Republic.” The court emphasized the need to determine whether the husband’s conduct vitiated the separation agreement and power of attorney before granting any summary judgment.