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NEDENIA PRICE COHN, Appellant v. DONALD E. COHN, Respondent.

Ordered that the order is affirmed, with costs.

A separation agreement which is fair on its face will not be set aside absent fraud, duress, overreaching, or unconscionability ( see Christian v. Christian, 42 NY2d 63, 71-73; Davella v. Davella, 8 AD3d 424, 425; Strangolagalli v. Strangolagalli, 295 AD2d 338). Here, the plaintiff failed to demonstrate any ground to set aside the financial provisions of the parties' separation agreement. Thus the Supreme Court properly determined that the agreement was enforceable ( see Levine v. Levine, 56 NY2d 42; Warren v. Rabinowitz, 228 AD2d 492).

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COHN v. COHN
(Feb 7, 2005)