SITBON-ROBSON v. ROBSON

Index No. 314195/14. Appeal No. 13604. Case No. 2019-04374.

193 A.D.3d 533 (2021)

142 N.Y.S.3d 345

2021 NY Slip Op 02349

Caroline Sitbon-Robson, Appellant, v. Jonathan Robson, Respondent.

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

Decided April 15, 2021.


Attorney(s) appearing for the Case

Advocate, LLP, New York ( Jason Advocate of counsel), for appellant.

Jonathan Robson, respondent pro se.

Concur—Renwick, J.P., Gische, Moulton, Mendez, JJ.


We agree with Supreme Court that the wife failed to assert a persuasive basis to amend the post-trial decision based on newly discovered evidence, fraud or misrepresentation (see generally CPLR 4404, 5015[a]). The wife admitted that she first became aware of the ComputerShare account in March 2016, before the husband's deposition and the close of discovery. The wife did not provide a reasonable excuse for her failure to secure sufficient discovery regarding that account...

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