FALCO v. FALCO


247 A.D.2d 426 (1998)

668 N.Y.S.2d 715

Theresa Falco, Appellant, v. Christopher Falco, Respondent

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

February 9, 1998


Ordered that the order is reversed, on the law and as a matter of discretion, with costs payable by the respondent to the appellant, and the motion is denied.

On May 31, 1996, the defendant appeared in court, and, after stating under oath that he was not "under the influence of any medication or any kind of alcoholic substance that would interfere with" his judgment, executed a separation agreement which resolved the parties' ancillary issues. By notice of motion...

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