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COLYER v. COLYER

26 A.D.3d 303 (2006)

810 N.Y.S.2d 155

JULIE COLYER, Respondent-Appellant, v. JOHN COLYER, Appellant-Respondent.

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

February 28, 2006.

The court rendered a decision and order with respect to defendant's motion to set aside the separation agreement as unconscionable. While we agree with the court that an action for rescission is barred by defendant's ratification of the agreement (see Groper v. Groper, 132 A.D.2d 492 [1987]), we also note that the statute of limitations for such a claim has already elapsed (see Bowes & Co. of N.Y. v. American Druggists' Ins...

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