MOHRMANN v. LYNCH-MOHRMANN


24 A.D.3d 735 (2005)

809 N.Y.S.2d 115

TIMOTHY B. MOHRMANN, Respondent, v. DIANE M. LYNCH-MOHRMANN, Also Known as DIANE M. LYNCH, Appellant. (Action No. 1.) TIMOTHY B. MOHRMANN, Respondent, v. DIANE M. LYNCH-MOHRMANN, Also Known as DIANE M. LYNCH, Appellant, et al., Defendant. (Action No. 2.)

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

December 27, 2005.


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

Under the circumstances of this case, the Supreme Court's denial of the defendant former wife's motion to vacate the judgment of divorce was a proper exercise of its discretion. The defendant former wife failed to meet her burden of establishing by admissible evidence the existence of fraud, misrepresentation, or other misconduct on the plaintiff's part sufficient to entitle...

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