Order affirmed, with $50 costs and disbursements.
Appellant contends that he was induced into executing an inequitable and unconscionable separation agreement on July 8, 1969, which, inter alia, provided for alimony and future counsel fees for the respondent. Although his complaint alleges fraud, duress and overreaching, his cause of action is based upon a constructive fraud and is controlled by CPLR 213 (subd 1) — the six-year Statute of Limitations...
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