Justice Edward Maron
Husband moved to renew and reargue a prior court order, and upon same, denial of wife's motion for summary judgment. He also sought the granting of summary judgment on his counterclaims to rescind and vacate a separation agreement based on unconscionability. The court noted it previously summarily denied husband's counterclaim to set aside the subject agreement, and thus, the spousal maintenance provisions of it were law of the case. The court stated the parties' separation agreement set forth their mutual waivers of any and all rights to maintenance from the other party. Further, the court ruled it did not have the authority to modify or rewrite stipulations entered into freely, knowingly and voluntarily by parties, nor to insert terms, provisions of conditions into them. Thus, the court concluded husband failed to rebut the clear language of the agreement by any competent evidence. Therefore, based on the circumstances, and allegations, the court granted husband's motions for reargument and renewal of the court's Jan. 31, 2013 order. However, upon such reargument and renewal, the court adhered to its original decision, and denied the remaining portions of husband's motion.
