Brennan-Duffy v. Duffy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), entered July 2, 2004, which denied his motion, in effect, to vacate a stipulation of settlement dated April 26, 2002.
Ordered that the order is affirmed, with costs.
“A separation agreement or stipulation of settlement which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability” (Linder v Linder, 297 AD2d 710, 711 [2002]; see Cohn v Cohn, 15 AD3d 332 [2005]; O’Beirne v…
2Cases cited13 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Wilson v. NeppellAppellate Division of the Supreme Court of the State of New York · 1998
- Warren v. RabinowitzAppellate Division of the Supreme Court of the State of New York · 1996
- Chambers v. McIntyreAppellate Division of the Supreme Court of the State of New York · 2004
- Strangolagalli v. StrangolagalliAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by17 opinions
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- Petracca v. PetraccaAppellate Division of the Supreme Court of the State of New York · 2012
- Schultz v. SchultzAppellate Division of the Supreme Court of the State of New York · 2009
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