Defendant ex-wife commenced an action to rescind the parties' separation agreement on the ground that it had been induced by fraud. Plaintiff ex-husband contends that, by doing so, she violated the terms of the agreement and is liable to him for legal fees incurred in defending the action.
While barring an action by either party for its breach, the separation agreement contains no prohibition against the commencement of an action seeking its rescission upon the ground...
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