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REITER v. REITER

39 A.D.3d 616 (2007)

835 N.Y.S.2d 240

HEIDI REITER, Appellant, v. BRUCE REITER, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 10, 2007.

Ordered that the order is affirmed, without costs or disbursements.

"A separation agreement is a contract; as such it cannot be annulled by motion" (Darragh v Darragh, 163 A.D.2d 648, 649 [1990]). Thus, a challenge to a stipulation of settlement, which is incorporated but not merged into a judgment of divorce, must be made by plenary action, and not by motion (see Spataro v Spataro, 268 A.D.2d 467...

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