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SHAWN TING SCHEU v. FAN RU TSENG

2009-05321

72 A.D.3d 930 (2010)

898 N.Y.S.2d 502

SHAWN TING SCHEU, Appellant, v. FAN RU TSENG, Respondent.

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

Decided April 20, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to meet his burden of establishing the existence of fraud, misrepresentation, or other misconduct on the part of either the defendant or an agent of the defendant, and thus, was not entitled to vacatur of the parties' divorce judgment (see Mohrmann v Lynch-Mohrmann, 24 A.D.3d 735 [2005]; Badgett v Badgett, 

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