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CANTILLI v. CANTILLI

40 A.D.3d 1023 (2007)

837 N.Y.S.2d 285

JAMES CANTILLI, Appellant-Respondent, v. ANNETTE CANTILLI, Respondent-Appellant.

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

Decided May 29, 2007.

Ordered that the judgment is affirmed, without costs or disbursements.

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 Christian v Christian, 42 N.Y.2d 63, 73 [1977]). The plaintiff failed to sustain his burden of proof. The plaintiff submitted only unsupported conclusory allegations of threats made by the defendant...

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