Dawes v. Dawes

Appeal from an order of the Supreme Court, Niagara County (Catherine Nugent Panepinto, J.), entered October 29, 2012. The order vacated the separation and property settlement agreement entered into by the parties.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: The parties entered into a separation agree*1451ment (hereafter, agreement) on September 18, 2007 and, on December 19, 2011, plaintiff wife moved by order to show cause to rescind it. Following a hearing, Supreme Court vacated the agreement on the grounds that plaintiff signed it under…