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CIOFFI-PETRAKIS v. PETRAKIS

2008-09323

72 A.D.3d 868 (2010)

898 N.Y.S.2d 861

ELIZABETH CIOFFI-PETRAKIS, Appellant, v. PANAGIOTIS PETRAKIS, Respondent.

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

Decided April 20, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

An agreement between spouses or prospective spouses which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability (see Christian v Christian, 42 N.Y.2d 63, 72-73 [1977]; Label v Label, 70 A.D.3d 898 [2010]). "An unconscionable...

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