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KLAUER v. ABELIOVICH

350037/11, 12981, 12980

120 A.D.3d 1114 (2014)

992 N.Y.S.2d 408

2014 NY Slip Op 06262

ERIKA KLAUER, Respondent, v. ASA ABELIOVICH, Appellant.

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

Decided September 23, 2014.

Supreme Court properly denied defendant's motion to set aside the open-court custody agreement, as there was no showing of fraud, overreaching, mistake, or duress (see Hallock v State of New York, 64 N.Y.2d 224, 230 [1984]). The parties were represented by able and experienced counsel, had been negotiating custody for some time, and spent an entire day resolving the agreement. Defendant...

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