McCabe v. O'Rourke

Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about September 24, 2002, which denied defendant’s motion to restore the action to the trial calendar, unanimously affirmed, without costs.

It appears that after the parties consented on the record to the entry of divorce judgment incorporating their separation agreement, circumstances changed so as to make inappropriate the agreement’s joint custody provision insofar as it provided that the child’s primary residence was to be with plaintiff. It further appears that before signing the judgment of divorce incorporating the…