NICHOLS v. NICHOLS


19 A.D.3d 775 (2005)

797 N.Y.S.2d 139

ELEANOR NICHOLS, Respondent, v. JAMES NICHOLS, Appellant.

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

June 9, 2005.


Spain, J.

The parties were married in 1973 and have three children. The two oldest children were emancipated by the time of trial. Following a bench trial, Supreme Court granted plaintiff a divorce on the ground of cruel and inhuman treatment, distributed the marital property, and directed defendant to pay maintenance and child support. Defendant then, pursuant to CPLR 4404 (b), unsuccessfully sought an order setting aside certain portions of the decision. Defendant...

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