Legal Question in Family Law in New York

Motion to vacate

Can you file a motion to vacate a judgment when 1)the findings of fact filed is different from the one given by the court on the record and contains findings of fact not found in the record 2)filed claims that the defendant and his attorney atteneded a preliminary conference which he can prove that he was at work at the time and that his attorney did not attend (he has since fired his first attorney for not telling him about the conference 3)the facts state that the defendant attended a status conference and again he was at work 4) the plaintiff never submitted a income tax return or w2 form to verify income 5) no note of issue or certificate of readines filed 6)there is no mention or verification of assets or income of plaintiff only that the defendant has bills?


Asked on 10/24/03, 3:07 pm

1 Answer from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Motion to vacate

It appears that you have a basis to make a motion to vacate the judgment. However, a proper answer can only be given upon a complete review of the circumstances and documents by an attorney. And you must present such a motion immediately, and I do mean immediately. You can consult with our firm or any of the other qualified attorneys listed on this web site for this purpose.

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Answered on 10/24/03, 3:14 pm


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