Opinion
March 12, 1990
Appeal from the Supreme Court, Putnam County (Dickinson, J.).
Ordered that the resettled judgment is affirmed, with costs.
The Supreme Court properly granted the defendant husband's motion for summary judgment for a conversion divorce pursuant to Domestic Relations Law § 170 (6). Contrary to the plaintiff wife's contention, the record established that the parties lived apart pursuant to their agreement for more than one year and the defendant had substantially complied with the terms of that agreement.
While the plaintiff claimed that the agreement was procured by fraud and overreaching on the part of the defendant, she has made only conclusory unsupported allegations in her pleadings and in opposition to the defendant's motion. "Such conclusory allegations are insufficient to raise a question of fact precluding summary judgment" (Davidoff v Davidoff, 93 A.D.2d 805; see, McGahee v Kennedy, 48 N.Y.2d 832; Culp v Culp, 117 A.D.2d 700, 702; Russell v Russell, 90 A.D.2d 516; Sheindlin v Sheindlin, 88 A.D.2d 930, 931; cf., Picotte v Picotte, 82 A.D.2d 983, 984).
The other contentions raised by the plaintiff are without merit. Bracken, J.P., Lawrence, Sullivan and Balletta, JJ., concur.