Dominguez v. Dominguez

—Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about July 3, 1997, which, insofar as appealed from, denied defendant’s motion pursuant to CPLR 5015 to vacate the parties’ judgment of divorce on the ground of fraud, unanimously affirmed, without costs.

In view of defendant’s explicit statement to the court on plaintiffs prior application seeking equitable distribution that he did not wish to challenge the validity of the judgment of divorce, and the court’s reliance on that statement in determining that plaintiff is entitled to equitable distribution,…