Khan v. Khan

91 A.D.3d 725, 936 N.Y.2d 566

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 17, 2012
• Status: Published

Opinion

The Supreme Court properly awarded the plaintiff an annulment on the ground of fraud, as its determination was warranted by the evidence adduced at trial (see Domestic Relations Law § 140 [e]; Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Kober v Kober, 16 NY2d 191 [1965]). The plaintiff demonstrated that her consent to the marriage was procured by material fraud that was of such a nature as to deceive an ordinarily prudent person (see Murray v Murray, 271 AD2d 587 [2000]; Sabbagh v Copti, 251 AD2d 149 [1998]). Furthermore, there was sufficient evidence at trial to prove that the plaintiff did not continue the marital relationship after discovery of the fraud (see Domestic Relations Law § 140 [e]; see generally Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978]).

The parties’ remaining contentions either are without merit or need not be reached in light of our determination. Skelos, J.R, Hall, Austin and Miller, JJ., concur.