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RESSLHUBER v. RESSLHUBER

57 A.D.2d 552 (1977)

Emma Resslhuber, Respondent, v. Frank Resslhuber, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 4, 1977

Order and judgment affirmed, with one bill of costs to cover both appeals.

A party to a separation agreement which adequately provides for the support of the wife, and which does not violate our public policy, may not collaterally attack the validity of the agreement on the grounds of fraud and mistake after it has been incorporated in a valid, bilateral decree of divorce (Rehill v Rehill, 306 N.Y. 126). This rule, which applies...

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