SUCH v. GOTTLIEB


268 A.D.2d 256 (2000)

701 N.Y.S.2d 366

SHANNON K. SUCH, Respondent, v. STEPHEN P. GOTTLIEB, Appellant.

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

Decided January 11, 2000.


The motion should be denied since an issue of fact exists as to whether plaintiff's appearance in the Dominican Republic by power of attorney for the purpose of obtaining a divorce was induced by defendant's misrepresentations concerning his assets and/or by his physical abuse of plaintiff. If so, the separation agreement, which was executed contemporaneously with the power of attorney, can be collaterally attacked without seeking...

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