Legal Opinion

Levine v. Levine

New York Court of Appeals

Decided May 18, 1982PublishedCited by 62 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

We are asked on this appeal to determine whether the fact that a separation agreement was prepared by one attorney representing both the husband and wife is sufficient, in and of itself, to establish overreaching requiring a rescission of the agreement.

The parties were married on October 18, 1958 and have two children. Due to a variety of differences, the couple separated in 1971. On February 17,1976, they entered into a separation agreement. At the time, the husband was operating an auto supply parts business and, according to the record, was earning $20,000 per…

2Cases cited5 opinions

  1. Christian v. ChristianNew York Court of Appeals · 1977
  2. McCarty v. McCartySupreme Court of Missouri · 1957
  3. McGahee v. KennedyNew York Court of Appeals · 1979
  4. Marshall v. MarshallWest Virginia Supreme Court · 1980
  5. Perry v. PerryAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by62 opinions

  1. Surlak v. SurlakAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. StearnsAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. SantanaNew York Court of Appeals · 1992
  4. In re the Estate of CassoneNew York Court of Appeals · 1984
  5. Lounsbury v. LounsburyAppellate Division of the Supreme Court of the State of New York · 2002

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