Skotnicki v. Skotnicki, 237 A.D.2d 974 (N.Y. App. Div. 1997). · Go Syfert
Skotnicki v. Skotnicki, 237 A.D.2d 974 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
35 citation events (27 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Amoia v. Amoia
N.Y. App. Div. · 2023 · confidence medium
The husband arranged for a notary public to be present at the house and sign the agreement, and with the notary's departure the video ends. " 'Judicial review [of separation agreements] is to be exercised circumspectly, sparingly and with a persisting view of the encouragement of parties settling their own differences in connection with the negotiation of property settlement provisions' " ( Skotnicki v Skotnicki , 237 AD2d 974, 974 [4th Dept 1997]). "[A]n agreement between spouses may nevertheless be invalidated if the party challenging the agreement demonstrates that it was the product of fra…
discussed Cited as authority (rule) Sleiman v. Sleiman
N.Y. App. Div. · 2023 · confidence medium
A separation agreement should be set aside as unconscionable where it is "such as no [person] in [their] senses and not under delusion would make on the one hand, and as no honest and fair person would accept on the other . . . , the inequality being so strong and manifest as to shock the conscience and confound the judgment of any [person] of common sense" ( Christian , 42 NY2d at 71 [internal quotation marks omitted]; see Dawes v Dawes , 110 AD3d 1450, 1451 [4th Dept 2013]; Skotnicki v Skotnicki , 237 AD2d 974, 975 [4th Dept 1997]). "[T]he unconscionability or inequality of a separation agre…
discussed Cited as authority (rule) Campbell v. Campbell
N.Y. App. Div. · 2022 · confidence medium
However, an agreement between spouses may nevertheless be invalidated if the party challenging the agreement demonstrates that it was the product of fraud, duress, or other inequitable conduct ( see Christian v Christian , 42 NY2d 63, 73 [1977]; Skotnicki v Skotnicki , 237 AD2d 974, 974-975 [4th Dept 1997]; see generally Tuzzolino v Tuzzolino , 156 AD3d 1402, 1403 [4th Dept 2017]).
discussed Cited as authority (rule) Tuzzolino v. Tuzzolino
N.Y. App. Div. · 2017 · confidence medium
A separation agreement should be set aside as unconscionable where it is “such as no person in his or her senses and not under delusion would make on the one hand, and as no honest and fair person would accept on the other, the inequality being so strong and manifest as to shock the conscience and confound the judgment of any person of common sense” (Christian, 42 NY2d at 71 [internal quotation marks, brackets and citation omitted]; see Dawes v Dawes, 110 AD3d 1450, 1451 [4th Dept 2013]; Skotnicki v Skotnicki, 237 AD2d 974, 975 [4th Dept 1997]).
discussed Cited as authority (rule) Verna v. Verna
N.Y. App. Div. · 2015 · confidence medium
Although the insurance premiums for this policy may have been higher than plaintiff anticipated, the parties’ agreement is not “one such as no [person] in his [or her] senses and not under delusion would make on the one hand, and as no honest and fair [person] would accept on the other” (Christian v Christian, 42 NY2d 63, 71 [1977] [internal quotation marks omitted]; see Colello v Colello, 9 AD3d 855, 859 [2004]; Skotnicki v Skotnicki, 237 AD2d 974, 975 [1997]).
examined Cited as authority (rule) Dawes v. Dawes (3×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
We affirm. “ ‘Judicial review [of separation agreements] is to be exercised circumspectly, sparingly and with a persisting view to the encouragement of parties settling their own differences in connection with the negotiation of property settlement provisions’ ” (Skotnicki v Skotnicki, 237 AD2d 974, 974 [1997], quoting Christian v Christian, 42 NY2d 63, 71-72 [1977]). “ ‘[Separation agreements will be scrutinized “to see to it that they are arrived at fairly and equitably, in a manner so as to be free from the taint of fraud and duress, and to set aside or refuse to enforce those…
examined Cited as authority (rule) Dawes v. Dawes (3×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
We affirm. “ ‘Judicial review [of separation agreements] is to be exercised circumspectly, sparingly and with a persisting view to the encouragement of parties settling their own differences in connection with the negotiation of property settlement provisions’ ” (Skotnicki v Skotnicki, 237 AD2d 974, 974 [1997], quoting Christian v Christian, 42 NY2d 63, 71-72 [1977]). “ ‘[Separation agreements will be scrutinized “to see to it that they are arrived at fairly and equitably, in a manner so as to be free from the taint of fraud and duress, and to set aside or refuse to enforce those…
discussed Cited as authority (rule) Yuwei Zhang v. Ming Ting
N.Y. App. Div. · 2010 · confidence medium
Further, the circumstances surrounding the execution of the stipulation of settlement, as alleged by the defendant, do not constitute grounds to vacate the stipulation (see Skotnicki v Skotnicki, 237 AD2d 974, 975 [1997]).
discussed Cited as authority (rule) Tchorzewski v. Tchorzewski
N.Y. App. Div. · 2000 · confidence medium
The fact that defendant was not represented by counsel “does not, by itself, invalidate the agreement” (Battista v Battista, 105 AD2d 898, 899 ), but it is a “significant factor to be taken into consideration in determining whether the separation agreement was freely and fairly entered into” (Skotnicki v Skotnicki, supra, at 975).
cited Cited as authority (rule) Carlson v. Carlson
N.Y. App. Div. · 1998 · confidence medium
Furthermore, plaintiff ratified the agreement by complying with its terms and raising no objections for 14 months (see, Skotnicki v Skotnicki, supra, at 975).
examined Cited "see" Tiedemann v. Salerno (3×)
N.Y. App. Div. · 2025 · signal: see · confidence high
We reject plaintiff's contention that he raised a triable issue of fact in opposition as to unconscionability. " 'An agreement is unconscionable if it is one which no person in [their] senses and not under delusion would make on the one hand, and no honest and fair person would accept on the other, the inequality being so strong and manifest as to shock the conscience and confound the judgment of any person of common sense' " ( Campbell , 208 AD3d at 1052 ; see Skotnicki v Skotnicki , 237 AD2d 974, 975 [4th Dept 1997]). "[C]onclusory allegations that an agreement was unfair are insufficient" (…
discussed Cited "see" DAWES, FELICIA v. DAWES, JR., THOMAS E. (2×)
N.Y. App. Div. · 2013 · signal: see · confidence high
We affirm. “ ‘Judicial review [of separation agreements] is to be exercised circumspectly, sparingly and with a persisting view to the encouragement of parties settling their own differences in connection with the negotiation of property settlement provisions’ ” (Skotnicki v Skotnicki, 237 AD2d 974, 974 , quoting Christian v Christian, 42 NY2d 63, 71-72 ). “[S]eparation agreements will be scrutinized ‘to see to it that they are arrived at fairly and equitably, in a manner so as to be free from the taint of fraud and duress, and to set aside or refuse to enforce those born of and su…
discussed Cited "see" Weber v. Weber (2×)
N.D. · 1999 · signal: see · confidence high
See Skotnicki v. Skotnicki, 237 A.D.2d 974 , 654 N.Y.S.2d 904, 905 (1997) (describing an unconscionable agreement).
cited Cited "see" Allied Mutual Ins. Co. v. Dir., N.D. Dep't of Transportation
N.D. · 1999 · signal: see · confidence high
See Skotnicki v. Skotnicki , 654 N.Y.S.2d 904, 905 (N.Y.
Retrieving the full opinion text from the archive…
Tara L. Skotnicki
v.
Stephen B. Skotnicki
Appellate Division of the Supreme Court of the State of New York.
Mar 14, 1997.
237 A.D.2d 974
Cited by 20 opinions  |  Published

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant appeals from an order denying his application to vacate and modify a judgment of divorce granted October 17, 1994. The judgment incorporated a separation agreement executed by the parties on August 16, 1994. Defendant contends that Supreme Court erred in refusing to modify the judgment with respect to various provisions of the separation agreement on the grounds of plaintiffs overreaching and unconscionability. We disagree.

"Judicial review [of separation agreements] is to be exercised circumspectly, sparingly and with a persisting view to the encouragement of parties settling their own differences in connection with the negotiation of property settlement provisions” (Christian v Christian, 42 NY2d 63, 71-72). Nevertheless, separation agreements will be scrutinized "to see to it that they are arrived at fairly and equitably, in a manner so as to[*975] be free from the taint of fraud and duress, and to set aside or refuse to enforce those born of and subsisting in inequity” (Christian v Christian, supra, at 72).

An unconscionable bargain has been regarded as one " ' "such as no [person] in his [or her] senses and not under delusion would make on the one hand, and as no honest and fair [person] would accept on the other” ’ [citation omitted], the inequality being ' "so strong and manifest as to shock the conscience and confound the judgment of any [person] of common sense” ’ ” (Christian v Christian, supra, at 71; see also, Hardenburgh v Hardenburgh, 158 AD2d 585, 586, lv dismissed 76 NY2d 982). However, conclusory allegations that an agreement was unfair are insufficient (see, Amestoy v Amestoy, 151 AD2d 709, 710). "The fact that [one spouse] gave away more than he might legally have been compelled to give does not mean that the separation agreement was the product of overreaching” by the other spouse (Groper v Groper, 132 AD2d 492, 497-498). Although the agreement here is favorable to plaintiff, it is not unconscionably so. It is not the kind of bargain that only a deluded person would make. In fact, it appears to be just the type of agreement that a party might fashion in order to achieve a quick and amicable divorce.

Defendant’s reliance on Arrow v Arrow (133 AD2d 960) and Vandenburgh v Vandenburgh (194 AD2d 957) is misplaced. Those cases stand for the proposition that, where a separation agreement is drafted with only one attorney representing both parties, such an agreement is subject to heightened scrutiny. Here, defendant did not seek legal counsel and permitted plaintiff’s attorney to draft the agreement. Defendant was advised at least twice that plaintiff’s attorney represented only plaintiff’s interests. Although the fact that defendant was not represented by an attorney is a significant factor to be taken into consideration in determining whether the separation agreement was freely and fairly entered into, that fact, without more, does not establish overreaching, especially where defendant is well-educated, with experience in business (cf., Juliani v Juliani, 143 AD2d 72).

Furthermore, a party may not repudiate a separation agreement procured by duress where the party ratified the agreement by complying with its provisions and raising no objections for a lengthy period of time (Chasin v Chasin, 98 AD2d 788, 789). Although there are no hard and fast rules regarding what is considered "lengthy”, in our view, 14 months is a sufficient length of time for defendant to have ratified the agreement.

[*976] Finally, because the parties have agreed that plaintiff does not need defendant’s health insurance coverage any longer, we modify the order and underlying judgment, which incorporates the agreement, to reflect that understanding.

We have reviewed the remaining contentions raised by the parties and conclude that they are without merit. (Appeal from Order of Supreme Court, Monroe County, Bergin, J.—Divorce.) Present—Denman, P. J., Green, Doerr, Balio and Fallon, JJ.