Warner v Houghton, 10 NY3d 913 (2008)

2008 NY Slip Op 05773 [10 NY3d 913]
June 25, 2008
Court of Appeals

[*1]

In the Matter of Carissa Warner, Appellant,
v
Richard Houghton, Respondent.

Decided June 25, 2008

Warner v Houghton, 43 AD3d 376, affirmed.

{**10 NY3d at 914} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.{**10 NY3d at 915} 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.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.