Washburn v. Washburn

— Order unanimously reversed on the law without costs, complaint reinstated, and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: Supreme Court erred by granting defendant’s motion dismissing plaintiff’s complaint seeking rescission of the parties’ separation agreement that was incorporated but not merged into a judgment of divorce. Plaintiff’s action was not barred by the doctrine of collateral estoppel because plaintiff did not have a full and fair opportunity to contest the validity of the separation agreement in a prior proceeding…