Appellate Division of the Supreme Court of New York, 1976

Wallace v. Wallace

Wallace v. Wallace
Appellate Division of the Supreme Court of New York · Decided May 24, 1976
52 A.D.2d 945; 383 N.Y.S.2d 634; 1976 N.Y. App. Div. LEXIS 12810
Wallace v. Wallace

Opinion of the Court

In an action for divorce, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated September 11, 1975, which denied his motion "to set aside, vacate, or modify” certain terms of a judgment of divorce which had previously been entered in the same court, and which incorporated the terms of a stipulation of settlement between the parties as to certain items. Order affirmed, with $50 costs and disbursements. Special Term correctly concluded that plaintiff failed to set forth sufficient proof of fraud, misrepresentation or other misconduct of an adverse party so as to warrant relief from the judgment of divorce. Martuscello, Acting P. J., Cohalan, Damiani, Shapiro and Titone, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.