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LOGIUDICE v. LOGIUDICE

1495.

67 A.D.3d 544 (2009)

889 N.Y.S.2d 164

2009 NY Slip Op 08481

CALOGERO LOGIUDICE, Respondent, v. ADELE LOGIUDICE, Appellant.

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

Decided November 19, 2009.

The courts "encourage[] property settlements through stipulation and will exercise judicial review sparingly" (Lockhart v Lockhart, 159 A.D.2d 283 [1990]). Because of the fiduciary relationship between husband and wife, separation agreements may be set aside "under circumstances that would be insufficient to nullify an ordinary contract" (Levine v Levine, 56 N.Y.2d 42, 47 [1982]). Nonetheless...

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