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GAINES v. GAINES

188 A.D.2d 1048 (1992)

David E. Gaines, Appellant, v. Judith A. Gaines, Respondent. (Appeal No. 1.)

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

December 30, 1992

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court erred by entertaining defendant's motion to set aside a post-divorce agreement which modified the original separation agreement. A party seeking to set aside an agreement must do so by commencement of a plenary action, by affirmative defense or by counterclaim; such relief cannot be obtained on motion (Darragh v Darragh, 163 A.D.2d 648; Kellman...

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