Legal Opinion
Thakur v. Thakur
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 6 opinions
1Opinion of the Court
By order to show cause dated March 28, 2006 the defendant sought, inter alia, to vacate the judgment of divorce on the ground of fraud, misrepresentation, or other misconduct by the plaintiff (see CPLR 5015 [a] [3]). Specifically, the defendant alleged that the plaintiff knowingly misled her into signing an affidavit which averred that the plaintiff was the legal custodian of the parties’ child so that the plaintiff would be awarded custody of the child when the divorce was finalized. A defendant seeking to vacate a judgment of divorce has the burden of establishing, by admissible evidence,…
2Cases cited4 opinions
- Badgett v. BadgettAppellate Division of the Supreme Court of the State of New York · 2003
- Cofresi v. CofresiAppellate Division of the Supreme Court of the State of New York · 1993
- Mohrmann v. Lynch-MohrmannAppellate Division of the Supreme Court of the State of New York · 2005
- Bergen v. BergenAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by6 opinions
- Johnson v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Grinshpun v. BorokhovichAppellate Division of the Supreme Court of the State of New York · 2017
- Deutsche Bank Natl. Trust Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2019
- Shomron v. FuksAppellate Division of the Supreme Court of the State of New York · 2017
- T.S. v. E.L.New York City Family Court · 2015
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