Opinion
November 16, 1989
Appeal from the Supreme Court, New York County (Kristin Booth Glen, J.).
In this action for a conversion divorce, plaintiff husband seeks to invalidate a separation agreement which was subscribed by him and acknowledged on December 7, 1987. While plaintiff urges that the agreement is void ab initio as the result of fraud and undue influence, the record is barren of any support for such an allegation. The claim that plaintiff, an experienced attorney, did not read the agreement before signing it, even if credited, would afford no basis for relief. Absent a showing of fraud, duress or some other wrongful act, and, as noted, there is no such showing here, only mere conclusory allegations having no probative force, one who signs a written agreement is conclusively bound by its terms. (Juliani v Juliani, 143 A.D.2d 72, 74-75; Pimpinello v Swift Co., 253 N.Y. 159, 162-163; Columbus Trust Co. v Campolo, 110 A.D.2d 616, affd 66 N.Y.2d 701. ) Since plaintiff failed to establish the existence of a triable issue of fact, the motion for summary judgment granting defendant a conversion divorce was properly decided.
In addition, plaintiff's challenges to the financial and other provisions of the agreement are insufficient to defeat the granting of a conversion divorce. (Christian v Christian, 42 N.Y.2d 63.) Finally, while plaintiff claims that he is entitled to a current net worth statement of defendant, it is well settled that a party is not entitled to such until it has been established that the agreement or its financial provisions are invalid. (See, Oberstein v Oberstein, 93 A.D.2d 374.) The motion court properly limited the net worth statement to the date of the signing of the separation agreement.
Concur — Kupferman, J.P., Sullivan, Milonas and Rosenberger, JJ.