Cunningham v. Cunningham

Orders, Supreme Court, New York County (Elliott Wilk, J.), entered November 24, 1989 and January 26, 1990, respectively, which, inter alia, granted defendant’s application to vacate an income execution issued pursuant to CPLR 5241, denied plaintiffs cross motion for maintenance arrears, security for future payments, and counsel fees, and granted defendant’s cross motion for counsel fees on plaintiff’s motion for reargument, unanimously affirmed, with costs.

Whether an emancipation event occurred was an issue properly determinable upon a mistake of fact proceeding (Zuckerman v Zuckerman, 154…