Patti v. Patti
Opinion of the Court
— In a matrimonial action, the defendant wife appeals (1) from an order of the Supreme Court, Nassau County (Yachnin, J.), entered August 7, 1987, which denied her motion to set aside a separation agreement of the parties dated March 13, 1984, a modification agreement dated May 13, 1986, and a stipulation dated May 13, 1986, and (2) from an order of the same court, entered February 23, 1988, which denied her motion for renewal.
Ordered that the orders are affirmed, without costs or disbursements.
Additionally, we find that inasmuch as the wife accepted the benefits of the separation agreement and the modification thereof for years before moving to vacate them, she is precluded from now challenging them (see, Beutel v Beutel, 55 NY2d 957; Hirsch v Hirsch, 134 AD2d 485; Weinstein v Weinstein, 109 AD2d 881; Chasin v Chasin, 98 AD2d 788).
Furthermore, the Supreme Court properly denied the wife’s motion to renew, as she did not offer a valid excuse for her failure to apprise the court of the alleged additional facts at the time the original motion was made (see, McRory v Craft Architectural Metals Corp., 112 AD2d 358).
We have considered the wife’s remaining contentions and find them to be without merit. Mollen, P. J., Bracken, Sullivan and Harwood, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.