Appellate Division of the Supreme Court of New York, 1942

In re Burnham

Appellate Division of the Supreme Court of New York · Decided June 19, 1942

264 A.D. 369; 35 N.Y.S.2d 510; 1942 N.Y. App. Div. LEXIS 4150

Counsel

! George Gordon Battle of counsel [Thomas Stokes with him on the brief; Battle, Levy, Fowler &Neaman, attorneys], for the respondent-appellant., Henry A. Uterhart of counsel [Alfred M. Schaffer with him on the brief] for Dudley Dupignac, appellant-respondent., - 'William Whynman, for William Whynman and Homer Folks, as executors, etc., of Ralph Folks, deceased, appellants-respondents.

Opinion of the Court

Per Curiam.

There is no evidence whatever of duress. Assuming overreaching or fraud in the procurement of the original retainer, the evidence establishes petitioner’s repeated ratification over a period of years, when the terms of the retainer were fully understood by her, and also inexcusable laches in instituting this proceeding.

The decree appealed from should be reversed, without costs, and the petition dismissed.

Glennon, Untermyer and Dore, JJ., concur; Martin, P. J., and Townley, J., dissent and vote to affirm.

Decree reversed, without costs, and the petition dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.