In a Decision – McDermott v. McCafferty (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Divorce where Defendant consented to the Divorce and the Divorce Agreement (after having Defendant’s Pleadings were stricken for Discovery violations).
The Appellate Division rejected Husband’s contention that contended he entered the settlement agreement under duress, because the answer was stricken in error, the court had threatened him with incarceration, his lawyer was unprepared and the agreement should be set aside because it is unconscionable. Consent judgments are not appealable. Nor are interlocutory orders entered prior to a consent judgment, unless parties reserve the right to appeal by providing that the judgment would be vacated if the interlocutory order were reversed. As defendant entered into the consent judgment without reservation, he waived his right to appeal. The same is true of the order denying defendant substitution of counsel. The Appellate division determined that there was no Duress.