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MATTER OF WAREHAM v. WAREHAM

34 A.D.2d 647 (1970)

In the Matter of Edna V. Wareham, Respondent, v. Francis T. J. Wareham, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 6, 1970

Order affirmed, without costs.

The prior order dated September 27, 1967 is binding as to all matters that were litigated or should have been litigated. Since the matter now alleged does not fall into the category of newly discovered evidence, it was proper to deny a reopening of the issues inherently decided under the order of September 27, 1967 (Statter v. Statter, 2 N.Y.2d 668; Matter of Merritt v. Merritt, 259 App...

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