<p>*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** ELANA GERSHON v. RONALD BACK (AC 42778) Lavine, Bright and Beach, Js.* Syllabus The plaintiff, whose marriage to the defendant previously had been dissolved pursuant to a foreign judgment of dissolution, appealed to this court from the judgment of the trial court dismissing her motion to open the judgment for lack of subject matter jurisdiction. Prior to their marriage in New York, the parties entered into a prenuptial agreement, which the New York dissolution court determined was valid. During the dissolution proceedings, the parties entered into a stipulation that provided, inter alia, that it superseded the prenuptial agreement, that it was incorporated but not merged into the dissolution judgment and that it was to be governed by New York law. Following the dissolution of their marriage, the parties both moved to Connecticut, and the plaintiff registered the New York dissolution judgment in Connecticut pursuant to statute (§ 46b-71). In her motion to open, the plaintiff sought to have the trial court open the dissolution judgment, vacate the stipulation and order a new trial, claiming that the judgment was obtained through the defen- dant’s fraudulent conduct in that he made material misrepresentations and failed to disclose certain assets in his sworn financial statement at the time the stipulation was negotiated. Following a hearing, the trial court, applying New York law, dismissed the plaintiff’s motion to open, concluding that to challenge the validity of the stipulation, which was incorporated but not merged into the dissolution judgment, the plaintiff was required to bring a plenary action. Held that, although the trial court improperly dismissed the plaintiff’s motion to open the dissolution judgment for lack of subject matter jurisdiction because that court had jurisdiction to consider the motion pursuant to the applicable statutes (§§ 46b-1 and 46b-71 (b)), this court concluded that, contrary to the plaintiff’s contention, the trial court properly determined that the plain- tiff was ...</p><br>
<a href="/opinion/4804571/gershon-v-back/">Original document</a>