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Anthony v. Anthony

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 353 (N.Y. App. Div. 1993)

Opinion

December 20, 1993

Appeal from the Supreme Court, Suffolk County (Geiler, J.).


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

Contrary to the defendant's contention, the court properly denied, without a hearing, her motion to vacate the judgment of divorce or to modify its provisions. The judgment was based upon a stipulation of settlement which the defendant claims was procured by fraud. However, her claims of fraud were conclusory in nature (see, Patti v Patti, 146 A.D.2d 757). Significantly, at the time the stipulation was made, the defendant was represented by counsel, she knowingly and voluntarily entered into the stipulation in open court, she actively continued negotiations in the presence of the court, and she indicated that she was satisfied with the agreement. It is also worthy of note that the defendant accepted the benefits of the agreement for a period of years before seeking to vacate it (see, Beutel v Beutel, 55 N.Y.2d 957; Patti v Patti, supra).

The defendant's remaining contentions are without merit. Mangano, P.J., Balletta, Lawrence and O'Brien, JJ., concur.


Summaries of

Anthony v. Anthony

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 353 (N.Y. App. Div. 1993)
Case details for

Anthony v. Anthony

Case Details

Full title:CARL J. ANTHONY, Respondent, v. LUANA ANTHONY, Appellant

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

Date published: Dec 20, 1993

Citations

199 A.D.2d 353 (N.Y. App. Div. 1993)
605 N.Y.S.2d 376

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