Ezratty v. Ezratty

opinion of the court

Martin B. Stecher, J.

In this action for a conversion divorce (Domestic Relations Law, § 170, subd [6]) the plaintiff husband moves for summary judgment of divorce. The wife opposes the motion and in her answer asserts four affirmative defenses and counterclaims which essentially allege duress and fraud in the inducement of this agreement.

The separation agreement was executed on March 24, 1980. There is no substantial dispute that, since its execution, the parties have lived separate and apart for more than a year and it is established that the plaintiff has substantially…