Ordered that the order is affirmed, with costs.
In this action, the plaintiff wife sought to set aside a separation agreement executed in August 1982 based upon fraud, duress, and undue influence. Prior to issue being joined, both parties submitted affidavits with respect to the defendant husband's motion to dismiss. Based upon the procedural route followed by the parties, we reject the plaintiff's claim that Special Term was found to accept the allegations in the...
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