— Appeal from an order of the Supreme Court (Thomas, J.), entered January 7, 1992 in Otsego County, which denied plaintiffs motion for summary judgment.
Upon commencement of this action by plaintiff to enforce the terms of the parties’ separation agreement, defendant counterclaimed challenging the agreement’s validity on the basis that it was obtained by duress without legal representation and was unfair and unconscionable. Plaintiffs motion, after discovery, for summary judgment was denied by Supreme Court with no written decision and apparently on the ground that there were triable issues of fact. We disagree and accordingly reverse.
Defendant, an educated man with a degree in accounting, ignored the advice of his counsel and signed the separation agreement of which he now complains. The fact that he gave away more than he might have been legally required to do does not make the agreement unconscionable or the product of overreaching (see, Groper v Groper, 132 AD2d 492). Having failed to object in timely fashion to the agreement, he must be deemed to have ratified it (see, Amestoy v Amestoy, 151 AD2d 709; Stoerchle v Stoerchle, 101 AD2d 831). We find his claims of intimidation, overreaching and unconscionability not substantiated in the record. Defendant’s contention that the escalation clause as to child support is manifestly unfair fails due to his failure to offer proof on the question.
Mikoll, J. P., Yesawich Jr., Levine, Crew III and Harvey, JJ., concur. Ordered that the order is reversed, on the law, with costs, motion granted and summary judgment awarded to plaintiff.