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BENGARD v. BENGARD

30 A.D.3d 552 (2006)

816 N.Y.S.2d 384

KENNETH BENGARD, Appellant, v. THERESA BENGARD, Also Known as THERESA WHALEN, Respondent. PHILIP J. KAPLAN, Nonparty Respondent.

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

June 20, 2006.

Ordered that the order is affirmed, with costs to the nonparty respondent.

The plaintiff failed to establish that some basis existed for vacating the provision of the judgment of divorce which, in effect, "released" the defendant's attorney "from any and all claims arising from" his distribution of the proceeds from the sale of the former marital residence (see CPLR 5015 [a] [3]; Woodson v Mendon Leasing Corp., 100 N.Y.2d 62

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