Order reversed, without costs or disbursements, and motion denied, without prejudice to any appropriate motions for summary judgment.
Special Term should not have granted the motion to dismiss since the divorce decree, granted in Nassau County in February, 1974, does not bar a subsequent action to set aside the separation agreement, executed in October, 1973 and which survived the decree, on the grounds of fraud, duress or overreaching (cf. Steers v Steers...
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