Kellman v. Kellman

Order unanimously affirmed with costs. Memorandum: Defendant appeals from two orders of Supreme Court that denied her motion to vacate a default judgment of divorce in favor of plaintiff, and denied her motion for ancillary relief, including temporary maintenance, custody and continued health insurance coverage. The motions were properly denied. Defendant does not challenge the propriety of the default divorce, but contends that the separation agreement is unfair. Where, as here, the separation agreement is incorporated but not merged into the divorce judgment, vacatur of the divorce judgment…