MAHAN v. MAHAN


29 A.D.3d 471 (2006)

817 N.Y.S.2d 216

KRISTEN MAHAN, Appellant, v. CHRISTOPHER MAHAN, Respondent.

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

May 25, 2006.


Although the parties reached an agreement purportedly resolving all contested issues, both monetary and related to the children, plaintiff subsequently moved for further relief, claiming the agreement was unenforceable, void or voidable as vague and indefinite, procured by fraud and duress, manifestly unfair to her, and the product of overreaching by defendant. Although leave to amend a complaint ordinarily is freely granted, leave ordinarily is sought prior to the execution...

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