Omahen v. Omahen

Appeal from an order of the Supreme Court (Coccoma, J.), entered September 6, 2002 in Delaware County, which granted defendant’s motion for restitution.

In 2001, this Court reversed a divorce judgment in plaintiffs favor, finding that “the evidence adduced at trial fell far short of establishing that [defendant’s] conduct was cruel and inhuman within the meaning of Domestic Relations Law § 170 (1),” as plaintiff had alleged in her complaint (289 AD2d 890, 892 [2001], lv denied 97 NY2d 613 [2002]). Thereafter, defendant moved for restitution of $35,750, which was paid to plaintiff pursuant to a…