CORDERO v. CORDERO


200 A.D.2d 491 (1994)

606 N.Y.S.2d 655

Victor Cordero, Respondent, v. Mildred Cordero, Appellant

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

January 20, 1994


Plaintiff husband obtained an uncontested judgment of divorce based upon an affidavit of uncontestability and a custody agreement (incorporated in the judgment but not merged therein) which defendant wife now claims were obtained by coercion and duress. The evidence adduced at the hearing does not support an allegation that plaintiff acted coercively at the time the agreement and affidavit were signed.

Because defendant sought to vacate an agreement not merged in...

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