Judgment reversed insofar as appealed from, on the law and the facts, without costs, defendant is granted a divorce on his counterclaim, pursuant to section 170 (subd. [6]) of the Domestic Relations Law, and the last (fourth) paragraph of provision designated "6" of the parties' separation agreement is declared null and void.
The record before us does not support the findings of fact made by Special Term to the effect that defendant was guilty of fraud or overreaching...
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