Gorman v. Gorman

Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered August 5,1982 in Franklin County, which denied plaintiff’s motion to vacate a judgment of divorce. The parties, married in 1959, entered into a separation agreement, dated February 18, 1978, which provided for alimony, child support and division of their real and personal property. Defendant made the required alimony and child support payments until August, 1980, when plaintiff commenced an action to set aside the agreement on the ground of fraud and undue influence and to impose a constructive trust. Defendant…