SCHORADT v. RIVET


186 A.D.2d 307 (1992)

Karin A. Schoradt, Appellant, v. Robert Rivet, Respondent

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

September 17, 1992


Upon commencement of this action by plaintiff to enforce the terms of the parties' separation agreement, defendant counterclaimed challenging the agreement's validity on the basis that it was obtained by duress without legal representation and was unfair and unconscionable. Plaintiff's motion, after discovery, for summary judgment was denied by Supreme Court with no written decision and apparently on the ground that there were triable issues of fact. We disagree and accordingly...

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