Opinion
2005-03247.
June 13, 2006.
In a consolidated action for a divorce and ancillary relief, the defendant appeals from an interlocutory judgment of the Supreme Court, Queens County (Gartenstein, J.H.O.), dated March 2, 2005, which, inter alia, after a nonjury trial, determined that the separation agreement between the parties dated May 24, 2002, was valid.
Morris Markowitz, Brooklyn, N.Y., for appellant.
Before: Crane, J.P., Rivera, Skelos and Dillon, JJ., concur.
Ordered that the interlocutory judgment is affirmed, without costs or disbursements.
"`A separation agreement or stipulation of settlement which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching or unconscionability'" ( Brennan-Duffy v. Duffy, 22 AD3d 699, quoting Linder v. Linder, 297 AD2d 710, 711; see Christian v. Christian, 42 NY2d 63, 71-73). Here, the defendant failed to demonstrate any ground to set aside the parties' separation agreement ( see Cohn v. Cohn, 15 AD3d 332). Accordingly, the Supreme Court properly determined that the separation agreement was valid ( see Levine v. Levine, 56 NY2d 42, 48; Warren v. Rabinowitz, 228 AD2d 492).