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KERR v. KERR

8 A.D.3d 626 (2004)

779 N.Y.S.2d 246

LISA J. KERR, Respondent, v. PATRICK M. KERR, Appellant.

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

June 28, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

A separation agreement may be set aside upon a showing of fraud or duress, or where the agreement is manifestly unfair to a spouse because of the other spouse's overreaching (see Christian v Christian, 42 N.Y.2d 63 [1977]; Cardinal v Cardinal, 275 A.D.2d 756, 757 [2000]). To rescind a separation agreement on...

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