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TORRES v. TORRES

9082N, 306632/16.

171 A.D.3d 613 (2019)

96 N.Y.S.3d 848

2019 NY Slip Op 03014

Ulises Torres, Appellant, v. Sharon Torres, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 23, 2019.

The court properly denied plaintiff husband's motion to vacate the pendente lite order of spousal maintenance and counsel fees because he failed to show the existence of fraud (see CPLR 5015 [a] [3]; Grinshpun v Borokhovich, 148 A.D.3d 447 [1st Dept 2017]). Moreover, whether or not defendant wife's nondisclosure of a new tenant in the investment property amounted to misrepresentation or other misconduct, plaintiff did not...

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