CUMMIN v. CUMMIN


56 A.D.3d 400 (2008)

DIANE CUMMIN, Plaintiff, v. ARCH CUMMIN, Respondent. ARCH CUMMIN, Respondent, v. ANSON McCOOK BEARD, JR., Appellant.

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

November 25, 2008.


In the postjudgment matrimonial action, the husband alleges that, while, in accordance with the stipulation that amended their divorce agreement, he was reimbursing the wife $15,000 per month for the rental of an apartment from her "friend," the wife was not paying any rent to the "friend," who the husband learned was the wife's former boyfriend, defendant Beard. In the action against Beard, the husband alleges fraud and aiding and abetting fraud. Patently, the two actions...

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