In re the Estate of Nelson

In our opinion, there was a complete failure to prove the fraud or misrepresentations alleged. Moreover, petitioner could not affirm the agreement in part and disaffirm it in part (cf. Cobb v. Hatfield, 46 N. Y. 533, 536-537). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur. [26 Misc 2d 471.]