Yung Liu v. Jing Hong Song

Appellate Division of the Supreme Court of New York

Yung Liu v. Jing Hong Song

71 A.D.3d 742, 895 N.Y.S.2d 741

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 9, 2010

StatusPublished

This text of 71 A.D.3d 742 (Yung Liu v. Jing Hong Song) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yung Liu v. Jing Hong Song, 71 A.D.3d 742, 895 N.Y.S.2d 741 (N.Y. Ct. App. 2010).

Pincite

Opinion

In a matrimonial action in which the parties were divorced by judgment entered October 11, 2001, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated December 3, 2008, as denied her motion to vacate the judgment of divorce.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to meet her burden of establishing that the plaintiff committed fraud, made a misrepresentation, or engaged in other misconduct sufficient to warrant vacatur of the judgment of divorce pursuant to CPLR 5015 (a) (3) (see Mohrmann v Lynch-Mohrmann, 24 AD3d 735 [2005]; Badgett v Badgett, 2 AD3d 379 [2003]; Pinto v Pinto, 286 AD2d 377 [2001]). Additionally, the defendant did not demonstrate a lack of subject matter jurisdiction warranting vacatur of the judgment pursuant to CPLR 5015 (a) (4) (see Domestic Relations Law § 230; Casey v Casey, 39 AD3d 579 [2007]). Mastro, J.P., Dickerson, Belen and Roman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a matrimonial action in which the parties were divorced by judgment entered October 11, 2001, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated December 3, 2008, as denied her motion to vacate the judgment of divorce.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to meet her burden of establishing that the plaintiff committed fraud, made a misrepresentation, or engaged in other misconduct sufficient to warrant vacatur of the judgment of divorce pursuant to CPLR 5015 (a) (3) (see Mohrmann v Lynch-Mohrmann, 24 AD3d 735 [2005]; Badgett v Badgett, 2 AD3d 379 [2003]; Pinto v Pinto, 286 AD2d 377 [2001]). Additionally, the defendant did not demonstrate a lack of subject matter jurisdiction warranting vacatur of the judgment pursuant to CPLR 5015 (a) (4) (see Domestic Relations Law § 230; Casey v Casey, 39 AD3d 579 [2007]). Mastro, J.P., Dickerson, Belen and Roman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

71 A.D.3d 742, 895 N.Y.S.2d 741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yung-liu-v-jing-hong-song-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack