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McGRATH v. PARKER

4 A.D.3d 457 (2004)

771 N.Y.S.2d 691

IRENE A. McGRATH, Formerly Known as IRENE PARKER, Appellant, v. MICHAEL L. PARKER et al., Respondents.

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

February 17, 2004.

Ordered that the order is affirmed, with costs.

A party seeking to set aside a separation agreement which is fair on its face must prove fraud, duress, overreaching, or that the agreement is unconscionable (see Wilson v Neppell, 253 A.D.2d 493, 494 [1998]). Here, the defendants established their entitlement to judgment as a matter of law (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320

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