Opinion
2003-04822.
Decided April 5, 2004.
In an action, inter alia, to rescind a separation agreement, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), entered June 26, 2003, which granted the defendant's motion for summary judgment dismissing the complaint and denied her cross motion to disqualify the defendant's counsel.
Greenspan Greenspan, White Plains, N.Y. (Leon J. Greenspan of counsel), for appellant.
Dershowitz, Eiger Adelson, P.C., New York, N.Y. (Nathan Z. Dershowitz and Victoria B. Eiger of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, HOWARD MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Judicial review of separation agreements is to be exercised sparingly, with a goal of encouraging parties to settle their differences on their own ( cf. Christian v. Christian, 42 N.Y.2d 63, 71-72). A party seeking to set aside a separation agreement which is fair on its face must prove fraud, duress, overreaching, or that the agreement is unconscionable ( see Wilson v. Neppell, 253 A.D.2d 493, 494; Abrams v. Abrams, 240 A.D.2d 445, 446; cf. Christian v. Christian, supra at 72). The defendant made a prima facie showing that the plaintiff was not entitled to set aside the separation agreement ( see Strangolagalli v. Strangolagalli, 295 A.D.2d 338). In opposition, the plaintiff failed to demonstrate the existence of a triable issue of fact. Accordingly, summary judgment was properly awarded to the defendant.
In light of the foregoing, the plaintiff's remaining contention need not be addressed.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.