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SCHEU v. TSENG

Appellate Division of the Supreme Court of New York, Second Department.
Apr 20, 2010

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to meet his burden of establishing the existence of fraud, misrepresentation, or other misconduct on the part of either the defendant or an agent of the defendant, and thus, was not entitled to vacatur of the parties' divorce judgment ( see Mohrmann v Lynch-Mohrmann, 24 AD3d 735; Badgett v Badgett, 2 AD3d 379).

The plaintiff's remaining contentions are without merit.