Beutel v. Beutel

Birns, J. P., and Lupiano, J.,

dissent in a memorandum by Lupiano, J., as follows: This is an action wherein plaintiff, the former wife of defendant, seeks to rescind the separation agreement previously entered into between the parties. The basis for the rescission is the plaintiff’s claim .that the agreement was executed by her under duress and in consequence of a weakened psychological state rendering her incapable of a knowing voluntary act *546in so executing the agreement. It is also asserted that apart from duress and any issue of fraud, the agreement is unconscionable when viewed against…