McCaughey v. McCaughey
Opinion of the Court
Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about April 14, 1993, which, inter alia, struck defendant’s affirmative defenses and counterclaims pertaining to plaintiff’s second cause of action and granted plaintiff’s motion for partial summary judgment on her second cause of action, unanimously affirmed, without costs.
Plaintiff and defendant were married in 1972 and had three daughters. In 1990, they separated and in 1991, negotiated and executed, with the aid of independent counsel, a separation agreement. Two years later, plaintiff brought this action for divorce and for maintenance, child support, and tuition arrears, further alleging that defendant had defaulted under the agreement. After joinder of issue, plaintiff moved for partial summary judgment on the cause of action for arrears. Defendant opposed on the grounds, inter alia, that the separation agreement was the product of fraud, overreaching, and that its terms were unconscionable.
The IAS Court properly granted plaintiff’s motion. Defendant, a sophisticated investment banker, entered into the separation agreement after lengthy negotiations with the aid of counsel, and then defaulted thereunder (Grubman v Grubman, 191 AD2d 194, lv denied 82 NY2d 651). Moreover, defendant expressly represented in the settlement agreement that it was not the result of fraud or duress, was signed voluntarily, that it constituted the entire understanding of the parties, and, that there were no promises other than those expressly set forth in the agreement. Defendant, upon whom it was incumbent to show by evidentiary facts that his defenses were real in order to defeat summary judgment (Zuckerman v City of New York, 49 NY2d 557), failed to do so, setting forth conclusory allegations that he signed the agreement because he was induced by plaintiff’s promises of reconciliation and threats regarding visitation. The assertions of defendant’s attorney were similarly lacking in evidentiary value.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.