BATTISTA v. BATTISTA


105 A.D.2d 898 (1984)

Johanna Battista, Respondent, v. Roger Battista, Appellant

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

November 1, 1984


The parties were married in 1962 and separated after execution of a written separation agreement, dated September 16, 1981, prepared by defendant's attorney. In this action commenced eight months later, plaintiff seeks rescission of the agreement on the grounds that it treats her unfairly and is the product of defendant's overreaching and undue influence. The trial court, after a nonjury trial, granted judgment to plaintiff holding that the agreement did not equitably divide...

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