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McCAUL v. McCAUL

2016-11771, Index Nos. 2020/12, 58523/15.

179 A.D.3d 785 (2020)

117 N.Y.S.3d 681

2020 NY Slip Op 00267

Marguarita McCaul, Appellant, v. Patrick Noel McCaul, Respondent. (Action No. 1.) Marguarita McCaul, Appellant, v. Patrick Noel McCaul, Respondent. (Action No. 2.)

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

Decided January 15, 2020.

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

The parties were divorced by a judgment entered April 29, 2014. A stipulation of settlement dated April 1, 2014, was incorporated but not merged into the judgment. In May 2015, the plaintiff in the divorce action commenced a plenary action to vacate the stipulation of settlement on the grounds of fraud, undue influence, coercion, and unconscionability. The defendant

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