Ferry v. Ferry

Summary

The New York Appellate Division, Third Department, affirmed orders refusing to vacate an earlier order compelling the conveyance of real property and voiding a later mineral rights deed. The court held that the plaintiff’s medical proof was insufficient to establish that an alleged period of disability justified reconsideration or vacatur of the prior order.

Holdings

1. Supreme Court did not abuse its discretion in refusing to vacate or reconsider the prior order.
2. Plaintiff failed to establish a sufficient factual or medical basis for relief based on her alleged disability.
3. The order voiding the mineral rights deed was affirmed.

Questions Presented

1. Whether Supreme Court abused its discretion by refusing to vacate or reconsider the prior order compelling conveyance of the real property.
2. Whether plaintiff's medical evidence established a sufficient basis for relief under CPLR 5015.
3. Whether the mineral rights deed executed after the prior order and its affirmance was properly voided.

Disposition

affirmed