LAVELLE v. LAVELLE


187 A.D.2d 912 (1992)

John H. Lavelle, Appellant, v. Jane M. Lavelle, Respondent

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

November 25, 1992


Mercure, J.

Plaintiff brought this action to rescind or reform the parties' October 31, 1987 separation agreement because of the instrument's "basic inequities" and defendant's alleged fraud and overreaching in its procurement. Defendant counterclaimed for unpaid maintenance in the amount of $300 per month for March 1990 and each month thereafter. Supreme Court granted defendant's motion for summary judgment dismissing the complaint and for the amount...

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