Volfman v. Volfman

Appellate Division of the Supreme Court of New York

Volfman v. Volfman

30 A.D.3d 505, 816 N.Y.S.2d 369

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 2006

StatusPublished

This text of 30 A.D.3d 505 (Volfman v. Volfman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Volfman v. Volfman, 30 A.D.3d 505, 816 N.Y.S.2d 369 (N.Y. Ct. App. 2006).

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Opinion

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.

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 unconscionabil[506]*506ity’ ” (Brennan-Duffy v Duffy, 22 AD3d 699 [2005], quoting Linder v Linder, 297 AD2d 710, 711 [2002]; see Christian v Christian, 42 NY2d 63, 71-73 [1977]). Here, the defendant failed to demonstrate any ground to set aside the parties’ separation agreement (see Cohn v Cohn, 15 AD3d 332 [2005]). Accordingly, the Supreme Court properly determined that the separation agreement was valid (see Levine v Levine, 56 NY2d 42, 48 [1982]; Warren v Rabinowitz, 228 AD2d 492 [1996]). Crane, J.E, Rivera, Skelos and Dillon, JJ., concur.

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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.

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 unconscionabil[506]*506ity’ ” (Brennan-Duffy v Duffy, 22 AD3d 699 [2005], quoting Linder v Linder, 297 AD2d 710, 711 [2002]; see Christian v Christian, 42 NY2d 63, 71-73 [1977]). Here, the defendant failed to demonstrate any ground to set aside the parties’ separation agreement (see Cohn v Cohn, 15 AD3d 332 [2005]). Accordingly, the Supreme Court properly determined that the separation agreement was valid (see Levine v Levine, 56 NY2d 42, 48 [1982]; Warren v Rabinowitz, 228 AD2d 492 [1996]). Crane, J.E, Rivera, Skelos and Dillon, JJ., concur.

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Bluebook (online)

30 A.D.3d 505, 816 N.Y.S.2d 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/volfman-v-volfman-nyappdiv-2006.

Opinion

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