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OFFEN v. OFFEN

249 A.D.2d 108 (1998)

671 N.Y.S.2d 91

Susan Offen, Respondent, v. Daniel Offen, Appellant

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

April 16, 1998

Defendant, in seeking vacatur, failed to establish that the May 23, 1996 judgment against him for arrears in pendente lite maintenance had been fraudulently obtained, since he made no showing that he reasonably relied to his detriment on false statements made by plaintiff in connection with the judgment. Moreover, even if the judgment had been affected by fraud, defendant should, under the circumstances, have learned of the fraud...

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