Rowan v. Rowan

Full title: CAROLINE ROWAN, Appellant, v. GEORGE R. ROWAN, Respondent

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

Date published: Mar 15, 1994

202 A.D.2d 281 (N.Y. App. Div. 1994)

608 N.Y.S.2d 471

Opinion

March 15, 1994

Appeal from the Supreme Court, New York County (Lewis R. Friedman, J.).

As plaintiff had obtained a divorce judgment on default in 1986 while represented by counsel and had not sought equitable distribution, and as she had accepted defendant's voluntary support payments and presented only unsupported allegations of coercion, the court properly determined there was no evidence of fraud or collusion to warrant vacatur of the divorce judgment (compare, e.g., Benitez v. Benitez, 179 A.D.2d 445).

Concur — Rosenberger, J.P., Asch, Rubin, Williams and Tom, JJ.