Opinion
June 13, 2000.
Order, Supreme Court, New York County (Marylin Diamond, J.), entered on or about May 13, 1999, which denied defendant's motion to dismiss the complaint for failure to state a cause of action, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.
George F. Carpinello, for plaintiff-respondent.
Robert E. Juceam, for defendant-appellant.
Before: Williams, J.P., Mazzarelli, Wallach, Andrias, Friedman, JJ.
In this action seeking to set aside a separation agreement that was incorporated into a Dominican divorce decree, plaintiff alleges, inter alia, that defendant misrepresented his financial condition at the time the agreement was executed. The complaint should be dismissed. Plaintiff has failed to demonstrate grounds permitting a collateral attack upon the separation agreement (Altman v. Altman, 150 A.D.2d 304, lv denied 74 N.Y.2d 612; Feinberg v. Feinberg ( 96 Misc.2d 443, aff on opinion below 70 A.D.2d 612;see also, Greschler v. Greschler, 51 N.Y.2d 368).
The Decision and Order of this Court entered herein on January 11, 2000 is hereby recalled and vacated. See M-917 decided simultaneously herewith.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.