JONAS v. JONAS


4 A.D.3d 336 (2004)

770 N.Y.S.2d 889

EWA JONAS, Appellant, v. JAMES JONAS, Respondent.

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

February 2, 2004.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly denied those branches of the plaintiff's motion which were, inter alia, pursuant to CPLR 5015 (a) (2) to modify the judgment of divorce on the ground of newly-discovered evidence. The plaintiff failed to establish that the evidence was not available at the time of the prejudgment proceedings, or that it would likely have produced a different result...

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