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REINER v. REINER

59 A.D.3d 420 (2009)

874 N.Y.S.2d 143

DAVID REINER, Respondent, v. MONICA REINER, Appellant.

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

Decided February 3, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for summary judgment dismissing the defendant's counterclaims to rescind the separation agreement is denied.

"`A separation agreement or stipulation which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability'" (Rubin v Rubin,

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