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Yung Liu v. Jing Hong Song

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2010
71 A.D.3d 742 (N.Y. App. Div. 2010)

Opinion

No. 2009-00533.

March 9, 2010.

In a matrimonial action in which the parties were divorced by judgment entered October 11, 2001, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated December 3, 2008, as denied her motion to vacate the judgment of divorce.

Kevin Kerveng Tung, P.C., Flushing, N.Y. (Kenji Fukuda of counsel), for appellant.

Sheresky Aronson Mayefsky Sloan, LLP, New York, N.Y. (John A. Kornfeld of counsel), for respondent.

Before: Mastro, J.P., Dickerson, Belen and Roman, JJ., concur.


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

The defendant failed to meet her burden of establishing that the plaintiff committed fraud, made a misrepresentation, or engaged in other misconduct sufficient to warrant vacatur of the judgment of divorce pursuant to CPLR 5015 (a) (3) ( see Mohrmann v Lynch-Mohrmann, 24 AD3d 735; Badgett v Badgett, 2 AD3d 379; Pinto v Pinto, 286 AD2d 377). Additionally, the defendant did not demonstrate a lack of subject matter jurisdiction warranting vacatur of the judgment pursuant to CPLR 5015 (a) (4) ( see Domestic Relations Law § 230; Casey v Casey, 39 AD3d 579).


Summaries of

Yung Liu v. Jing Hong Song

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2010
71 A.D.3d 742 (N.Y. App. Div. 2010)
Case details for

Yung Liu v. Jing Hong Song

Case Details

Full title:GEORGE YUNG LIU, Respondent, v. JING HONG SONG, Appellant

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

Date published: Mar 9, 2010

Citations

71 A.D.3d 742 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 1933
895 N.Y.S.2d 741