Curtis v. Curtis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Kavanagh, J.), entered November 10, 2004 in Ulster County, which denied defendant’s motion to vacate a judgment of divorce and to set aside the separation agreement between the parties.
The parties were married in 1982 and have three children, born in 1985, 1987 and 1989, the eldest of which is now emancipated. In 2004, plaintiff commenced an action for divorce on the ground of abandonment. Shortly thereafter, defendant signed an affidavit of no contest, permitting plaintiff to obtain a judgment of divorce upon this ground. Supreme Court’s judgment…
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