Opinion
July 2, 1992
Appeal from the Supreme Court, New York County (Walter M. Schackman, J.).
This is an action seeking rescission of an antenuptial agreement and a separation agreement and vacatur of an amended divorce judgment which incorporated these agreements. Plaintiff contends that the agreements are the product of fraud, misrepresentation, duress and overreaching and defendant contends that these claims are insufficiently alleged. A review of the record reveals that the court properly determined that there exist factual issues, including an issue regarding the validity of the agreement relied upon (see, Mulligan v. Mulligan, 98 A.D.2d 852, 853).
Concur — Milonas, J.P., Ellerin, Kupferman, Ross and Smith, JJ.