Smith v. Smith

Order unanimously modified on the law and as modified affirmed with costs to defendant and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: In this divorce action, the court should have denied plaintiff’s challenge to the validity of the settlement agreement in its entirety. Neither on the face of the agreement nor in the circumstances surrounding its negotiation is there any indication of fraud, duress, overreaching, manifest unfairness or unconscionability (see, Christian v Christian, 42 NY2d 63, 71-73; Hunt v Hunt, 184 AD2d 1010; see…