Opinion
March 4, 1993
Appeal from the Supreme Court, New York County (Jacqueline Silbermann, J.).
The instant marital settlement, pursuant to which plaintiff receives, among other things, a lifetime tax-free payment of $17,000 per month, a $350,000 lump sum initial payment, and a large apartment for life, clearly was not unconscionable and was not the result of overreaching by defendant (see, Christian v Christian, 42 N.Y.2d 63). Not only is there insufficient evidence to support plaintiff's claim that she was incompetent to negotiate the settlement, she was represented by highly skilled attorneys and other professionals (see, e.g., Beutel v. Beutel, 55 N.Y.2d 957). In addition, plaintiff accepted the benefits of the bargain for almost two years before she sought to set the agreement aside (supra; see also, Sheindlin v. Sheindlin, 88 A.D.2d 930). Moreover, plaintiff's express representations in the settlement agreement preclude her claims that defendant fraudulently misrepresented his finances to her (see, Cohen v Cohen, 1 A.D.2d 586, affd 3 N.Y.2d 813). Under the circumstances, summary judgment was warranted.
Concur — Murphy, P.J., Carro, Rosenberger and Ross, JJ.