AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of KAREN W. CARROLL, Appellant, v. JOSEPH BENE, Respondent.

Ordered that the order is affirmed, without costs or disbursements.

The mother was not entitled to vacatur of the prior order of support on the grounds of newly-discovered evidence and fraud and misrepresentation by the father where, as here, the record supports the conclusion that the mother was aware of the evidence before the entry of the prior order ( see, e.g., McGovern v. Getz, 193 A.D.2d 655, 657; see also, Summer v. Summer, 233 A.D.2d 881; Elmore v. Elmore, 208 A.D.2d 1134, 1135; Enright v. Vasile, 205 A.D.2d 732, 733). Moreover, the allegedly newly discovered evidence would not likely have resulted in a different child support order ( see, CPLR 5015 [a] [2]).

O'Brien, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF CARROLL v. BENE
(Jan 26, 1998)