Legal Opinion
Battista v. Battista
Appellate Division of the Supreme Court of the State of New York
Decided November 1, 1984PublishedCited by 9 opinions
1Opinion of the Court
Appeal from a judgment of the Supreme Court in favor of plaintiff, entered November 21,1983 in Broome County, upon a decision of the court at Trial Term (Kuhnen, J.), without a jury.
The parties were married in 1962 and separated after execution of a written separation agreement, dated September 16, 1981, prepared by defendant’s attorney. In this action commenced eight months later, plaintiff seeks rescission of the agreement on the grounds that it treats her unfairly and is the product of defendant’s overreaching and undue influence. The trial court, after a nonjury trial, granted judgment to…
2Cases cited3 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Levine v. LevineNew York Court of Appeals · 1982
- Gorman v. GormanAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by9 opinions
- Arrow v. ArrowAppellate Division of the Supreme Court of the State of New York · 1987
- Sheridan v. SheridanAppellate Division of the Supreme Court of the State of New York · 1994
- Vandenburgh v. VandenburghAppellate Division of the Supreme Court of the State of New York · 1993
- Frank v. FrankAppellate Division of the Supreme Court of the State of New York · 1999
- Tchorzewski v. TchorzewskiAppellate Division of the Supreme Court of the State of New York · 2000
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