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GRANATO v. FABIO GRANATO

51 A.D.3d 589 (2008)

859 N.Y.S.2d 132

BARBARA GRANATO, Appellant, v. PASQUALE FABIO GRANATO, Respondent. (And Another Action.)

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

Decided May 29, 2008.

The separation agreement pursuant to which plaintiff received the Connecticut home was incorporated but not merged into the judgment of divorce. Therefore, it survives as a separately enforceable contract that cannot be set aside by motion but only by a plenary action in which an adequate record may be developed to evaluate defendant's claims of fraud, unconscionability and overreaching (Frieland v Frieland,

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