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Gamba v. Gamba – Case Brief Summary (New York)

In Gamba v. Gamba. 253 A.D.2d 784 (2d Dep't 1998) the Appellate Division, when presented with allegations similar to the one at bar, affirmed a lower court matrimonial action decision denying a party's motion to vacate a judgment of divorce.

The Court in Gamba found: the former husband's unsubstantiated allegations that he did not read or understand the papers which he executed, and that he was served with an Incomplete copy of the parties' judgment of divorce, are refuted by the documentary evidence in the record as well as by common sense and experience.

Accordingly, the court properly determined that the former husband failed t sustain his heavy burden of demonstrating that the Judgment of divorce was procured through the alleged fraud and misconduct on the part of the former wife and her former counsel.