Opinion
February 7, 1997.
Present — Green, J.P., Pine, Callahan, Balio and Boehm, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum : Supreme Court erred in denying plaintiffs motion to strike defendant's counterclaim seeking partial rescission of the parties ` separation agreement. Defendant's allegations of unconscionability, unfairness, fraud and duress are not substantiated by proof sufficient to justify setting aside the parties' agreement ( see, Christian v Christian, 42 NY2d 63, 71-73; Hunt v Hunt [appeal No. 2], 184 AD2d 1010, 1011). Moreover, by accepting the benefits of the agreement for 151/2 months before attempting to seek rescission, defendant is deemed to have ratified the agreement ( see, Beutel v Beutel, 55 NY2d 957, 958; Luce v Luce [appeal No. 2], 213 AD2d 978, 978-979). (Appeal from Order of Supreme Court, Onondaga County, Stone, J. — Summary Judgment.)