CRAIG v. CRAIG

5798, 307985/95.

89 A.D.3d 586 (2011)

933 N.Y.S.2d 255

2011 NY Slip Op 8460

MERVELYN WHITE CRAIG, Appellant, v. THEOPHILUS CRAIG, Respondent.

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

Decided November 22, 2011.


Plaintiff filed the instant action in 2009 seeking to vacate the judgment of divorce on the ground of fraud. She claims that she was unaware that papers she signed in 1995 pertained to a divorce action and that she did not learn of the divorce until 2008. In an affidavit filed in a related proceeding, plaintiff stated that she knew of the divorce proceedings before the 1995 judgment of divorce was entered. Therefore, plaintiff had until 2001 to assert her present claim (...

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