Levine v. Levine

In an action to set aside a separation agreement, the plaintiff wife appeals from a judgment of the Supreme Court, Westchester County (Cerrato, J.), dated March 25, 1980, which, after a nonjury trial, dismissed the complaint. Judgment reversed, on the law, and facts, with costs, and judgment is granted plaintiff setting aside the separation agreement. The separation agreement in question was drawn by counsel for the husband. The wife was not represented by independent counsel; her only legal assistance was rendered to her by her husband’s counsel. Upon this record, we conclude that the…