RAIF v. RAIF

ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the Supreme Court properly reformed the separation agreement, as the plaintiff met her burden of proving by a "high order of evidence" that the separation agreement did not manifest the true intent of the parties (Chimart Assoc. v. Paul, 66 N.Y.2d 570, 574). Furthermore, considering the relative merit of the parties' positions and their respective financial circumstances, the award of an attorney's fee to the plaintiff was a provident exercise of its discretion (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879).