Kerr v. Kerr
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for rescission of a separation agreement, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated May 9, 2003, as denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
A separation agreement may be set aside upon a showing of fraud or duress, or where the agreement is manifestly unfair to a spouse because of the other spouse’s overreaching (see Christian v Christian, 42 NY2d 63 [1977]; Cardinal v Cardinal, 275 AD2d 756, 757…
2Cases cited7 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Levine v. LevineNew York Court of Appeals · 1982
- Menzel v. PlotnickAppellate Division of the Supreme Court of the State of New York · 1994
- Cardinal v. CardinalAppellate Division of the Supreme Court of the State of New York · 2000
- Kavanagh v. KavanaghAppellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rubin v. RubinAppellate Division of the Supreme Court of the State of New York · 2006
- Label v. LabelAppellate Division of the Supreme Court of the State of New York · 2010
- Reiner v. ReinerAppellate Division of the Supreme Court of the State of New York · 2009
- Percoco v. LesnakAppellate Division of the Supreme Court of the State of New York · 2005
- Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 2007
1 more not listed; retrieve them via the Exa API.